Filling Advice and Consent Positions at the Outset of a New Administration

Wi ki Leaks D o cum ent R ele ase
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^F^ebr^uary^2,²⁰⁰⁹
Congres sional R ese arch Se rvic e
Re p or t R40119
Fil ling Advice and Consent P ositions at the Outset of a New
Administration
^Henry^B.^Hogue,^Analy^s^tⁱⁿ^Ame^r^ic^an^National^G^o^v^ern^m^en^t;^Mau^reeⁿ^Bearden,^In^formation^Res^earc^h
^Sp^ec^ial^is^t^;^Bets^y^P^al^m^er,^Anal^ys^t^on^th^e^Congr^e^ss^and^Le^gislativ^e^Pro^c^es^s
^Dec^em^b^e^r^18,²⁰⁰⁹
^Abstra^c^t^.^Thi^s^rep^ort^fo^cus^es^on^t^he^pro^cesse^s,^duri^ng^a^pres^iden^tⁱ^al^tran^s^iti^o^n,^b^y^whi^c^h^top-^l^ev^el^ex^ecutⁱ^v^e
^branc^h^P^AS^p^ositi^ons^are^fill^ed.^Outside^of^top^Whi^te^House^staff^a^pp^oin^t^m^en^t^s^,^t^he^se^are^a^new^Pre^sideⁿ^t’s
^earl^ies^t^and^arguably^mos^t^im^p^ortan^t^app^oin^t^m^en^ts.^In^t^he^next^section,^the^us^u^al^pro^cess^is^des^crib^edⁱⁿ
^three^stages:^”Selection^and^V^ettⁱ^ng”^,^”Senate^Consi^deratⁱ^on”,^and^”A^pp^oin^t^m^en^t”.^That^s^ectⁱ^on^al^so^pro^v^ides
^ex^a^m^ple^s^of^w^a^y^s^the^Senate^has^a^daptedⁱ^t^s^pro^cedures^during^re^c^eⁿ^t^presi^den^ti^a^l^transi^tⁱ^ons.^The^re^p^ort^t^heⁿ
^dis^cusse^s^pro^cess^es-recess^app^oin^t^m^en^ts^and^des^ignations^under^t^he^F^ede^ral^V^a^cancie^s^Reform^Act^of^1998-^that
^could^b^e^us^ed^b^y^the^Pres^iden^t^to^unil^a^teral^ly^fil^l^p^ositi^o^ns^oⁿ^a^temp^ora^ry^basis^.^The^final^p^ortion^of^t^he
^rep^ort^pro^v^ide^s^additional^information^on^the^length^of^tⁱ^me^re^quire^dⁱⁿ^the^pa^s^t^to^fill^Cabine^t^p^ositi^on^s^and
^certain^na^ti^o^nal^-^s^ecurit^y^-^re^lated^s^ub^cabine^t^p^os^itions^.^Thi^s^section^pro^vi^des^related^dat^a^for^the^last^t^hree^part^y
^turno^v^er^tra^ns^iti^o^ns^prior^t^o^2008:^C^art^e^r-^R^eagaⁿ⁽¹⁹⁸⁰^-1981)^,^Bush-^Clⁱⁿ^t^on⁽¹⁹^92-199^3),^and^Cliⁿ^ton-^Bus^h
⁽²⁰^00-200^1).

^Pr^ep^ar^{ed f}^o^r^M^e^m^b^ers^an^d^Com^mⁱ^t^t^ees^of^C^ong^r^e^ss

In its 2004 report, the 9/11 Commission identified what it perceived were shortcomings in the
appointment process during presidential transitions. The report asserted that delays in filling top
executive branch leadership positions, such as those experienced during the 2000-2001 transition,
could compromise national security policymaking in the early months of a new Administration.
Although the unique circumstances of the 2000 presidential race truncated the ensuing transition
period, the commission’s observations could be applied to other recent transitions; lengthy
appointment processes during presidential transitions, particularly between those of different
political parties, have been of concern to observers for more than 20 years. The process is likely
to develop a bottleneck during this time, even under the best of circumstances, due to the large
number of candidates who must be selected, vetted, and, in the case of positions filled through
appointment by the President with the advice and consent of the Senate (PAS positions),
considered by that body.
The advice and consent appointment process has three stages: selection and vetting, Senate
consideration, and presidential appointment. Congress has taken steps to accelerate appointments
during presidential transitions. In recent decades, Senate committees have provided for pre-
nomination consideration of Cabinet-level nominations; examples of such actions are provided in
this report. In addition, recently adopted statutory provisions appear designed to facilitate faster
processing of appointments during presidential transitions. Among the new statutory provisions
were those enacted by Congress in response to 9/11 Commission recommendations, mainly in the
Intelligence Reform and Terrorism Prevention Act of 2004. Also part of this act was a sense of the
Senate resolution stating that nominations to national security positions should be submitted by
the President-elect to the Senate by Inauguration Day, and that Senate consideration of all such
nominations should be completed within 30 days of submission.
The President has certain powers—constitutional recess appointment authority and statutory
authority under the Federal Vacancies Reform Act of 1998—that he could, under certain
circumstances, use to unilaterally fill PAS positions on a temporary basis.
The final portion of the report provides comprehensive data and analyses related to the length of
time taken during recent party-turnover transitions to fill Cabinet-level positions and selected
higher-level subcabinet positions. In general, transition-period Cabinet-level nominees were
selected, vetted, considered, and confirmed expeditiously; they generally took office shortly after
the new President’s inauguration. On average, the interval between election day and final
disposition of nominations to selected subcabinet positions was more than twice as long as that of
nominations to Cabinet-level positions, though nominees to subcabinet positions in some
departments were faster than others. The pre-nomination portion of this period was notably longer
than the period of Senate consideration. The Senate confirmed more than half of the selected
subcabinet nominations 23 days or fewer after the nomination was submitted.

Introduc tion ..................................................................................................................................... 1
The Appointment Process for PAS Positions...................................................................................3
Selection and Vetting.................................................................................................................3
Selection and Vetting During Presidential Transitions........................................................3
Senate Consideration.................................................................................................................4
The Senate Confirmation Process and Presidential Transitions..........................................5
Appoint me nt .............................................................................................................................. 7
Temporary Staffing of PAS Positions During Presidential Transitions...........................................7
The Length of the Appointment Process.........................................................................................9
Transition-period Cabinet Appointment Intervals...................................................................10
Findings ....................................................................................................................... ..... 14
Transition-period Subcabinet Appointment Intervals.............................................................14
Findings ....................................................................................................................... ..... 15
Summary ........................................................................................................................ ......... 18
Table 1. Political Appointees by Department and Appointment Type as of September 1,
2008 .............................................................................................................................................. 2
Table 2. Mean and Median Length of Appointment Process Intervals for Transition-
period Cabinet-level Nominees of President Ronald W. Reagan, President William J.
Clinton, and President George W. Bush.....................................................................................12
Table 3. Mean and Median Length of Appointment Process for Selected Transition-period
Subcabinet Nominees of President Ronald W. Reagan, President William J. Clinton,
and President George W. Bush...................................................................................................17
Table A-1.Transition Period Nominations to Cabinet Positions by President Ronald W.
Reagan, President William J. Clinton, and President George W. Bush.....................................19
Table C-1.Transition Period Nominations to Selected Subcabinet Positions by President
Ronald W. Reagan, President William J. Clinton, and President George W. Bush....................28
Appendix A. Transition Period Nominations to Cabinet Positions by President Ronald W.
Reagan, President William J. Clinton, and President George W. Bush.....................................19
Appendix B. Subcabinet Position Selection Method.....................................................................25
Appendix C. Transition Period Nominations to Selected Subcabinet Positions by
President Ronald W. Reagan, President William J. Clinton, and President George W.
Bush ............................................................................................................................................ 28

Author Contact Information..........................................................................................................38

In its July 22, 2004, report, the National Commission on Terrorist Attacks Upon the United States
(known as the 9/11 Commission) identified what it perceived were shortcomings in the
appointment process during presidential transitions that could compromise national security
policymaking in the early months of a new Administration. The commission noted, in particular,
the abbreviated transition period resulting from the delayed resolution of the 2000 presidential
race. As the report stated, “Given that a presidential election in the United States brings wholesale
change in personnel, this loss of time hampered the new administration in identifying, recruiting, ¹
clearing, and obtaining Senate confirmation of key appointees.” The commission reported,
among other findings, that “the new [George W. Bush] administration did not have its deputy
cabinet officers in place until the spring of 2001, and the critical subcabinet officials were not
confirmed until the summer—if then. In other words, the new administration—like others before ²
it—did not have its team on the job until at least six months after it took office.”
Although the unique circumstances of the 2000 presidential race truncated the ensuing transition
period, the commission’s observations could be applied to other recent transitions. The length of
presidential transitions, particularly between those of different political parties, has been of ³
concern to observers for more than 20 years. The appointment process is likely to develop a
bottleneck during this time, even under the best of circumstances, due to the large number of
candidates who must be selected, vetted, and, in the case of positions filled through appointment
by the President with the advice and consent of the Senate (PAS positions), considered by that
body. By the end of the first 100 days of the Reagan presidency, nominees had been confirmed
for only 20% of vacant PAS positions. At the same juncture at the outset of the Clinton
Administration, nominees had been confirmed for only 10% of these openings. At the end of the
first 100 days of the presidency of George W. Bush, nominees had been confirmed for only 6% of ⁴
PAS vacancies. Delays in installing new leadership would not be welcome at any time, but they
may be particularly problematic during the transition period between Presidents. As noted by the

9/11 Commission, a new President is likely to need his or her top advisers in place to maintain ⁵

continuity in national security policymaking. Furthermore, the President has limited time
following his or her election to initiate an administrative and legislative agenda.
As the 9/11 Commission pointed out, presidential transitions involve large-scale changes in the
political leadership of the executive branch. Table 1 summarizes Office of Personnel
Management (OPM) data indicating that more than 2,500 political appointees occupied positions
in the 15 departments as of September 1, 2008. These officials included top-level policymaking
presidential appointees, political managers, and confidential support staff. Unlike career public
service executives and employees, top political officials in the federal departments and agencies
nearly always serve at the pleasure of the President or agency head. These officials typically

¹^U^.^{S. N}^a^tio^na^{l C}^o^m^m^is^sⁱ^{on on T}^e^r^r^o^rⁱ^s^t^A^tta^c^k^s^U^{pon the}^Uⁿ^ite^d^S^t^a^t^e^s^,^T^h^{e 9}^/¹¹^C^o^mmi^ssi^on^R^e^port⁽^W^a^s^hing^ton:
^G^P^{O, 2}⁰⁰⁴⁾^{, p}^.¹⁹⁸^(h^ereaf^{ter re}^ferred^to^as^9/¹¹^C^o^mmi^ssi^on^R^e^po^rt^).
²^I^b^id^{., p. 42}^2.
³^Se^e^,^f^o^r^e^x^am^ple^,^N^a^tiona^{l A}^c^a^d^em^y^of^P^ublic^A^d^mⁱ^nis^t^r^a^tion^,^Le^ade^r^s^h^ipⁱⁿ^J^e^o^p^a^r^d^y^:^T^h^e^Fr^ayⁱⁿ^{g of}^the
^Pr^e^s^ideⁿ^tial^Ap^poi^ntm^e^nts^Sy^s^t^e^m⁽^W^a^s^hing^{ton: N}^a^tio^na^{l A}^c^a^d^em^y^of^P^u^b^lic^A^d^mⁱ^nis^t^r^a^tion,¹⁹⁸⁵⁾^,^pp.^9-^10.
⁴^C^R^S^R^e^por^{t R}^L³¹⁰⁵⁴^,^Nomi^na^ti^ons^an^{d Co}^nfirmatⁱ^oⁿ^{s to}^Polⁱ^c^y^Positio^nsⁱⁿ^t^h^e^{First 1}⁰⁰^Day^s^of^the^Ge^orge^W^.
^{Bush, W}^ill^{iam J}^.^C^lint^oⁿ^,^aⁿ^d^Ro^nal^{d W}^.^Re^a^g^aⁿ^A^d^ministr^a^tio^ns^,^by^R^o^g^e^{lio G}^a^r^c^ia⁽^a^r^c^hiv^e^{d C}^R^S^r^e^por^{t a}^v^a^ila^ble
^f^r^o^m^the^a^u^thors^of^{this re}^p^o^rt).
⁵^9/1¹^C^o^m^mⁱ^s^sⁱ^on^Re^por^t^,^p.⁴²^2.

resign when the Administration changes, especially if the incoming President is from a different ⁶
party.
This report focuses on the processes, during a presidential transition, by which top-level
executive branch PAS positions are filled. Outside of top White House staff appointments, these
are a new President’s earliest and arguably most important appointments. In the next section, the
usual process is described in three stages: “Selection and Vetting”, “Senate Consideration”, and
“Appointment”. That section also provides examples of ways the Senate has adapted its
procedures during recent presidential transitions. The report then discusses processes—recess
appointments and designations under the Federal Vacancies Reform Act of 1998—that could be
used by the President to unilaterally fill positions on a temporary basis. The final portion of the
report provides additional information on the length of time required in the past to fill Cabinet
positions and certain national-security-related subcabinet positions. This section provides related
data for the last three party turnover transitions prior to 2008: Carter-Reagan (1980-1981), Bush-
Clinton (1992-1993), and Clinton-Bush (2000-2001).
Table 1. Political Appointees by Department and Appointment Type as of
September 1, 2008
^{Pres. Appt.}^{Pres. Appt. Not}^Non-Career
^{Requiring Senate}^{Requiring Senate}^{Senior Executive}
^Department^Appr^oval^Appr^oval^{Service Schedule}^C^Total
^{Agriculture 16}⁰⁴³¹⁶⁸²²⁷
^{Commerce 23}²^{33 103}¹⁶¹
^{Defense 53}⁰⁹⁴¹³⁴²⁸¹
^{Education 17}¹¹⁴¹¹²¹⁴⁴
^Energ^{y 22}⁰³⁰⁶⁶¹¹⁸
^{Health and H}^umaⁿ^{20 1}⁴⁸⁶⁶¹³⁵
^Services
^{Homeland Security}²⁰¹⁶¹¹⁰²¹⁸⁴
^{Housing and Ur}^ban^{15 0}¹⁸⁴⁹⁸²
^Development
^{Interior 17}⁰³⁰³⁶⁸³
^{Justice 223}⁰⁴⁵⁶⁸³³⁶
^{Labor 19}⁰²⁹¹⁰⁵¹⁵³
^{State 222}³³⁶¹²⁵³⁸⁶
^{Transportation 23}⁰³¹⁴¹⁹⁵
^{Treasury 33}⁰²³⁴⁵¹⁰¹
^{Veterans Affairs}¹⁵⁰⁸⁹³²
^{Total 738}⁸⁵⁴³¹²²⁹²⁵¹⁸

⁶^No^t^al^l^p^o^lⁱ^tⁱ^cal^ap^poⁱⁿ^t^{ees ch}^ange^wⁱ^t^h^{a ch}^an^{ge i}ⁿ^A^d^mⁱⁿⁱ^st^ratⁱ^oⁿ^,^ho^w^e^ver.^S^o^{me p}^r^esi^d^en^tⁱ^a^l^app^oⁱⁿ^t^ees,^su^ch^as
^m^e^m^b^e^r^s^of^m^o^s^t^r^e^g^u^la^tor^y^c^o^m^m^issⁱ^ons^{, s}^e^r^v^e^{in f}ⁱ^x^e^d-^te^r^m^pos^itions^,^aⁿ^d^the^s^e^a^p^p^oⁱⁿ^te^e^s^m^a^y^conti^nue^t^o^s^e^r^v^e
^o^u^t^t^h^ei^{r t}^e^rm^{s w}^h^en^t^h^{e P}^r^esi^d^ent^ch^an^ges.

^Source:^{Table created}^{by CRS u}^{sing data drawn f}^{rom the}²⁰⁰⁸^e^{dition of the committee print co}^mmonly
^{known as t}^{he “Plum Book” (U.S.}^{Congress, Senate Committee on}^{Homeland Security and}^Governm^{ental Affairs,}
^{United States Government Policy an}^{d Supporting Positions}^{, committee}^{print, 1}¹⁰^th^{Cong., 2}^nd^{sess., S.Prt.}¹¹^0-36
^{(Washington: GPO, 20}^{08), p}^{p. 19}^7-19^{9). The Office of Per}^sonnel^Manageme^{nt p}^{rovided the data f}^{or the Plum}
^Book.

Under the Constitution, the power to appoint the top officers of the United States is shared by the
President and the Senate. The appointment process consists of three stages—selection and
vetting, Senate consideration, and appointment.
The first stage of the process begins with the President’s selection of a candidate for the position.
Following this selection, the candidate needs to be cleared for nomination. The Office of the
Counsel to the President oversees this part of the process, which usually includes background
investigations conducted by the Federal Bureau of Investigation (FBI), Internal Revenue Service
(IRS), Office of Government Ethics (OGE), and an ethics official for the agency to which the
President wishes to appoint the candidate. Once the Office of the Counsel has cleared the
candidate, the nomination is ready to be submitted to the Senate. Candidates for higher-level
positions, such as Cabinet Secretaries, are often accorded priority in this process. A nominee has
no legal authority to assume the duties and responsibilities of the position; the authority comes
with Senate confirmation and formal presidential appointment.
An incoming President can, of course, begin the process of selecting the members of his
Administration at any time. During recent decades, most major candidates have begun preparing
for a potential presidency before election day by assigning a small number of advisors to begin ⁷
developing transition plans. With regard to the selection of personnel, the 2008 candidates and
their transition advisors were aided by a recently enacted statute. The Intelligence Reform and ⁸
Terrorism Prevention Act of 2004 (known as the Intelligence Reform Act) included a provision
that directs the Office of Personnel Management (OPM) to transmit an electronic record “on
Presidentially appointed positions,” with specified contents, to each major party presidential ⁹
candidate “not later than 15 days” after his or her nomination. The provision permits OPM to
make such a record available to any other presidential candidate after these initial transmittals.
The Intelligence Reform Act also included several provisions that responded to 9/11 Commission
recommendations regarding the vetting process. One provision of law permits each major party
presidential candidate to submit, before the general election, security clearance requests for
“prospective transition team members who will have a need for access to classified information”
in the course of their work. The law directs that resulting investigations and eligibility

⁷^Jo^hn^P^.^Bu^rke,^Pre^s^ideⁿ^ti^{al Tran}^{sitions: From}^P^o^litic^{s t}^o^Prac^tic^e⁽^B^oul^de^r^:^Ly^nne^Rⁱ^e^nne^r^,²⁰⁰⁰⁾^.
⁸^P^.^L.¹⁰⁸^-⁴⁵^8,¹¹^{8 S}^t^at^{. 36}³⁸^.
⁹^P^.^L.¹⁰⁸^-⁴⁵^8,^{§ 84}⁰³⁽^b⁾^;¹¹⁸^S^t^a^t^.³⁸⁷⁰^.

determinations be completed, as much as possible, by the day after the general election.¹⁰ To the
degree that transition team members go on to be nominees to positions in the new Administration,
this proactive clearance process might also accelerate the transition period appointment process.
The Intelligence Reform Act also amended the Presidential Transition Act of 1963. The
amendments included a provision stating that the President-elect should submit, as soon as
possible after the presidential election, the “names of candidates for high level national security
positions through the level of undersecretary” of agencies and departments. A second provision
requires the responsible agency or agencies to carry out background investigations of these
candidates for high-level national security positions “as expeditiously as possible ... before the ¹¹
date of the inauguration.”
In the consideration stage, the Senate determines whether or not to confirm a nomination.¹² Once
received from the President, each nomination is referred to the committee with jurisdiction over
the agency in which the nominee would serve or the subject matter related to the nomination.
Action at the committee level is at the discretion of the committee chair. No Senate or committee ¹³
rule requires that a committee, or the full Senate, act on any nomination. Most nominations,
however, proceed through the process in a routine, timely fashion. During the last presidential ^th¹⁴
transition in the 107 Congress, the Senate took a median of 36 days to confirm a nomination to ¹⁵
a full-time departmental position.
The Senate confirmation process begins at the committee level. The rules and procedures of the
committees frequently include timetables specifying minimum periods between steps in the
process. Committee activity on nominations generally includes investigation, hearing, and
reporting stages. During the investigation phase, many committees require nominees to fill out
questionnaires that the committee has prepared. If the committee acts on a nomination, the
process typically begins with a hearing, where the nominee and other interested parties may ¹⁶
testify and Senators may question the nominee. After the hearing—if there is one—the
committee usually votes to report the nomination to the Senate. The committee may choose to
report the nomination favorably, unfavorably, or without recommendation.
The full Senate may then take up the nomination and vote on it. Confirmation of a nomination by
the Senate requires a simple majority. If there is opposition to the nomination, however,

¹⁰^P^.^L.¹⁰⁸^-⁴⁵^8,^{§ 76}⁰¹⁽^c⁾^;¹¹^{8 S}^t^a^t^.³⁸⁵⁷^.
¹¹^P^.^L.¹⁰⁸^-⁴⁵^8,^{§ 76}⁰¹⁽^a⁾^;¹¹^{8 S}^t^a^t^.³⁸⁵⁶^.
¹²^For^f^u^r^t^he^r^inf^o^r^m^a^{tion, s}^e^e^C^R^S^R^e^por^{t R}^L³¹⁹⁸^0,^Seⁿ^a^te^Co^nsid^e^r^ation^of^Pre^s^ideⁿ^ti^{al N}^o^min^a^tio^{ns: Committe}^e
^and^Fl^oor^Pr^oc^e^dur^e^,^by^Eliz^a^b^e^t^{h R}^y^bic^k^{i; a}^{nd C}^R^S^R^e^p^o^r^t^R^L³¹⁹⁴⁸^,^Ev^o^l^uti^oⁿ^of^the^Se^nate^’^s^R^o^le^{in t}^h^e
^N^o^mⁱ^na^tioⁿ^an^{d C}^o^nfir^m^a^tⁱ^oⁿ^Pr^oc^e^s^s^:^{A Br}^ie^{f H}ⁱ^s^t^or^y^{, by}^Be^ts^y^P^a^lm^e^r^.
¹³^A^c^h^aⁱ^r^m^a^y^de^cⁱ^de^{not to}^s^c^he^du^le^c^o^m^m^itte^e^c^ons^ide^r^a^tio^{n of}^aⁿ^o^mⁱ^na^{tion. N}^o^mⁱ^na^tions^{on w}^h^ic^{h the}^Se^na^te^d^o^e^s
ⁿ^o^t^act^{are ret}^u^rⁿ^ed^t^o^t^h^e^P^r^esi^d^eⁿ^t^at^t^h^{e en}^{d o}^f^{a sessi}^oⁿ^o^rⁱ^f^t^h^e^S^eⁿ^a^t^eⁱ^s^ad^j^o^u^rⁿ^e^d^f^o^{r m}^o^{re t}^h^{an 3}⁰^d^a^y^s^.
¹⁴^T^h^e^m^e^diaⁿ^is^the^mⁱ^ddle^v^a^lueⁱⁿ^aⁿ^u^m^e^rⁱ^c^a^l^dis^t^rⁱ^buti^on.^Iⁿ^this^c^a^s^e^,^ha^lf^the^c^onf^ir^m^a^tions^took^l^e^s^s^tim^e^,^a^nd
^ha^lf^took^m^o^re^tim^e^.
¹⁵^Se^e^C^R^S^R^e^por^{t R}^L³¹³⁴⁶^,^Presi^d^en^ti^a^l^A^p^p^oⁱⁿ^tmen^{ts to}^Fu^l^l^-Tim^{e Po}^sitioⁿ^sⁱⁿ^Execu^{tive Dep}^a^r^tm^en^{ts Du}^rin^g^t^h^e
¹⁰⁷^th^C^o^ngr^e^s^s^,²⁰⁰¹^-²⁰⁰²^,^by^H^e^nr^y^B^.^H^o^g^u^e^.
¹⁶^W^h^{ile m}^o^{st h}ⁱ^g^h^-lev^{el n}^o^mⁱⁿ^atioⁿ^s^receiv^e^h^earin^g^s^,^m^aⁿ^y^o^t^h^e^{r n}^o^mⁱⁿ^a^tioⁿ^s^{, su}^c^h^{as th}^o^s^{e f}^o^{r m}^ilitar^y^p^r^o^m^o^tioⁿ^s
^o^r^pu^b^lⁱ^c^h^eal^t^h^o^f^fⁱ^ci^al^s,^d^o^no^t^r^ecei^v^eⁱⁿ^dⁱ^vi^du^al^at^t^eⁿ^tⁱ^o^n,^and^ar^{e act}^ed^u^p^oⁿ^b^y^b^o^t^h^t^h^{e co}^m^mⁱ^t^t^{ee an}^d^t^h^{e f}^u^l^l
^Se^na^te^a^s^a^g^r^oup.

opponents may try to prevent a vote on it, using what is known as a filibuster. If a nomination is
subject to a filibuster, it can take 60 votes to bring an end to Senate consideration of the
nomination (that is, invoke cloture) and get to a final vote. Senators may also place “holds” on
nominations to prevent them from being considered, or for other reasons. A “hold” is an informal
Senate practice in which a Senator requests that his or her party leader delay floor action on a
particular matter, in this case a nomination. It is up to the Senate Majority Leader whether to
honor the request of the Senator wishing the hold or to try to bring the nomination to a vote. A
“hold” will not necessarily have the effect of killing a nomination, but it could signal that the
Senate may not be able to consider the nomination without considerable delay and the need for a ¹⁷
super-majority vote to invoke cloture.
Although the Senate confirms most nominations, some are not confirmed. Rarely, however, is a
nomination voted down on the Senate floor. Most rejections occur in committee, either by
committee vote or by committee inaction. Rejections in committee occur for a variety of reasons,
including opposition to the nomination, inadequate amount of time for consideration of the
nomination, or factors that may have nothing to do with the merits of the nomination. If a
nomination is not acted upon by the Senate by the end of a Congress, it is returned to the
President. Pending nominations also may be returned automatically to the President at the
beginning of a recess of 30 days or longer, but the Senate rule providing for this return is often ¹⁸
waived.
The 9/11 Commission, which expressed concern about delays in the confirmation process for the
nation’s national security team, recommended that the Senate change its rules to require that all
action on these nominations, such as hearings, committee meetings, and floor votes, be conducted ¹⁹
within 30 days of the Senate’s receipt of the nomination. The Senate adopted a sense of the ²⁰
Senate resolution stating that the 30-day target should be the goal. Such sense of the Senate
language is not binding on the chamber, but represents a position that at least a majority of the
Senators endorsed.
Under regular procedure, Senate action on nominations is triggered by the President’s submission
of the nomination to the Senate. During recent Presidential transitions, however, it appears that
the Senate has developed a flexible, informal process to allow quick action on nominations to
Cabinet and other high-level positions.
When the President is sworn-in on January 20, one of his first official acts is typically to send to
the Senate many, if not all, of his nominations to Cabinet positions and some other high-level ²¹
positions. It is not uncommon for the Senate to confirm many of those individuals on January 20

¹⁷^{See CRS Rep}^o^r^{t 9}⁸^-7¹²^,^“H^o^l^ds^”^{in the}^Se^nate^,^c^oor^di^na^te^{d by}^Wa^lte^r^J^.^O^l^e^s^z^e^k^.
¹⁸^T^h^e^rule^m^a^y^be^f^ound^{in U}^.^{S. C}^ong^re^s^s^,^Se^na^te^Com^m^itte^e^{on Ru}^le^s^a^{nd A}^d^mⁱ^nis^t^ra^tion,^Se^na^te^M^anu^al^{, 10}⁶^th
^C^ong^{., 1}^st^s^e^s^s^{., S. D}^o^c^.¹^06-^{1 (}^W^a^s^hing^ton:^G^P^O^,¹⁹⁹⁹⁾^,^p.⁵⁵^{, R}^u^le^X^X^X^I^,^pa^r^a^g^r^a^{ph 6}^of^the^Staⁿ^ding^R^u^le^s^of^the
^Se^na^te^{. For}^aⁿ^e^x^a^m^ple^of^a^w^aⁱ^v^e^r^of^the^r^u^le^{, s}^e^e^Se^n.^J^o^{hn E}^.^S^u^nun^{u, “}^N^om^ina^{tion i}ⁿ^Sta^t^us^Q^u^o^,^”^Co^ng^ressioⁿ^a^l
^R^eco^rd^{, da}^ily^e^d^itio^{n, v}^o^l^.¹⁴⁹^{, Ju}^ly^{31, 20}⁰³^{, p}^.^S¹⁰⁸⁴⁴^.
¹⁹^9/1¹^C^o^m^mⁱ^s^sⁱ^on^Re^por^t^,^p.⁴²²^;^P^.^L.¹⁰⁸^-⁴⁵^8,^{§ 76}⁰¹⁽^b⁾^.
²⁰^P^.^L.¹⁰⁸^-⁴⁵^8,^{§ 76}⁰¹⁽^b⁾^;¹¹⁸^S^t^a^t^.³⁸⁵⁷^.
²¹^P^rⁱ^o^r^t^o^Janu^ary²⁰^,^a^P^r^esi^d^eⁿ^t^-^el^ect^d^o^e^{s no}^t^h^a^{ve t}^h^{e au}^th^ority^to^subm^{it nom}^ina^tio^{ns to}^t^h^{e S}^eⁿ^a^t^e^.^T^h^at^p^o^w^{er i}^s
^he^ld^by^the^sitting^P^r^e^s^ideⁿ^{t u}ⁿ^til^the^ne^w^P^r^e^s^ideⁿ^{t is sw}^{orn i}ⁿ^.

or very soon thereafter. If the Senate did not act quickly, it is possible that the President could be
in the position of trying to make new policy without his top people in place to carry out his plans.
But the tight timeline would typically allow the Senate very little time to review the nominations
to some of the most important positions in the federal government. The Senate appears to have
developed a method for handling this situation by allowing its committees to act on an
“anticipated” or “expected” nomination. As shown in Appendix A, which is discussed in detail
later in this report, Senate committees held hearings on most nominations to Cabinet positions at
the outset of the Reagan, Clinton, and George W. Bush Administrations before inauguration day.
Some committees also reported out the nominations before January 20.
During the transition from President Carter to President Reagan, for example, Senate committees
held confirmation hearings and voted to recommend confirmation of Reagan’s nominees to be
secretaries of Defense, State, and Treasury before the formal submission of the nominees on
January 20. That allowed the full Senate to vote almost immediately on those nominations. The
Senate followed the same pattern for the three positions during the transition from President
George H. W. Bush to President Clinton, and Senate committees reported nominations to two of
the positions during the transition from President Clinton to President George W. Bush. (Delays ^th
in Senate organization at the start of the 107 Congress prevented the Senate Finance Committee
from acting on the nominee for Secretary of the Treasury, and the committee consented to be
discharged from its responsibilities on the nomination to allow the Senate to act on the ²²
nomination on January 20.)
The Senate Foreign Relations Committee voted to report the nomination of Alexander M. Haig,
Jr., to be President Reagan’s Secretary of State on January 15, 1981, during the final session of its
confirmation hearing on the nomination. The chair of the committee moved “that in anticipation
of the nomination, that it be approved, subject to the formal receipt of it from the new President ²³
of the United States.”
When the Senate Finance Committee acted upon the nomination of Lloyd Bentsen to be President
Clinton’s Secretary of the Treasury on January 12, 1993, the chair made the following motion
before the hearing began: “I would ask that a vote be undertaken in the following form. The
resolution will read, ‘The Committee on Finance, having under consideration the perspective (sic)
nomination of Lloyd Bentsen to be Secretary of the Treasury, recommends that the nomination be ²⁴
confirmed when received by the Senate.’”
The Senate Armed Services Committee, on January 19, 2001, acted on the “expected” nomination
of Donald H. Rumsfeld to be Secretary of Defense. The committee reported the nomination to the
full Senate with the recommendation that Rumsfeld be confirmed. The language in the ^th
committee’s legislative calendar for the 107 Congress notes that “On January 19, 2001, the
Committee voted by a roll call vote of 19-0 in favor of a motion that the Committee recommend

²²^S^eⁿ^.^C^h^{arles G}^r^assl^e^y^,^re^m^a^r^k^{s i}ⁿ^S^eⁿ^a^te,^C^o^ng^ressioⁿ^a^l^Reco^rd^,^da^ily^e^d^{ition, J}^aⁿ^.²⁰^,²⁰⁰¹^{, p}^.^S⁶^{5. B}^y^una^nim^ous
^c^ons^eⁿ^t,^the^T^r^e^a^s^ur^y^Se^c^r^e^t^a^r^yⁿ^o^mⁱ^na^{tion, a}^l^ong^w^{ith e}ⁱ^g^h^t^othe^r^nom^ina^tions^,^w^a^s^,^upon^r^ecei^p^t^by^t^h^{e S}^eⁿ^a^t^e^,
^p^l^aced^dⁱ^rect^l^y^oⁿ^t^h^{e E}^x^ecu^tⁱ^v^{e Cal}^eⁿ^d^a^r.^(S^en.^P^a^t^R^o^b^e^rt^s,^“E^xecu^tⁱ^v^{e Cal}^eⁿ^d^a^r,^{” rem}^a^r^k^{s i}ⁿ^t^h^e^S^eⁿ^a^t^e^,
^C^ongr^e^s^sⁱ^o^nal^Re^c^o^r^d^,^da^ily^e^d^iti^{on, J}^a^n.^20,²⁰⁰¹^{, p}^p^.^S^57-^S^58.)
²³^{U.S. C}^ong^re^{ss, Se}^na^te^Com^m^itte^e^{on F}^o^re^ig^{n Re}^la^tio^ns,^T^h^{e N}^o^miⁿ^a^tⁱ^o^{n o}^f^A^l^exa^nd^{er M.}^Haⁱ^g^,^Jr.^,^t^o^b^e^S^ecret^a^r^y
^{of S}^t^ate^{, 97}^th^Co^ng^{., 1}^st^s^e^s^s^{., J}^aⁿ^.^{9, 1}⁰^,¹²^{, 1}³^,¹⁴^{, 1}⁵^,¹⁹⁸¹^{, p}^t^.^2,^{p. 1}¹⁵^.
²⁴^F^e^d^e^ral^New^s^S^e^rvi^{ce t}^r^an^scri^p^t^,^h^eariⁿ^{g o}^f^t^h^{e S}^eⁿ^a^t^e^Fⁱⁿ^aⁿ^{ce Commi}^t^t^ee,^C^onfir^m^a^ti^on^H^e^arⁱⁿ^{g f}^o^r^Se^c^r^e^t^ar^y^of
^the^Tr^e^a^s^u^r^y^-^D^e^s^ign^a^te^Se^nat^or^L^l^oy^{d Be}^nts^eⁿ^{, J}^a^n.¹⁹^,¹⁹^93.^A^c^c^e^s^s^e^{d on N}^e^xⁱ^s^.^c^o^m^{on N}^o^v^.²¹^{, 2}⁰⁰⁸^.

the Senate give its advise and consent to the nomination when it was received by the Senate from ²⁵
the President and without referral to the Committee.”
Other nominations to Cabinet or top-level positions also have been approved by committees in
advance of their actual submission. On January 18, 2001, for example, the Senate Energy and
Natural Resources Committee reported the nomination of Spencer Abraham to be Secretary of
Energy. During the committee meeting, the chair said that the committee’s actions were “in
keeping with the past practices of the committee in reporting cabinet nominations made by
incoming presidents prior to their official receipt by the Senate….” In that case, the motion
agreed to by the committee was to “move that the committee report favorably on the proposed
nomination and recommend that when the nomination is received the Senate give its advice and ²⁶
consent.”
In the final stage, the confirmed nominee is given a commission signed by the President, with the
seal of the United States affixed thereto, and is sworn into office. The President may sign the
commission at any time after confirmation, and the appointment process is not complete until he
or she does so. Once the appointee is given the commission and sworn in, he or she has full
authority to carry out the responsibilities of the office. The length of the time between
confirmation and appointment varies in accordance with the preferences of the Administration
and appointee. It is usually shorter than either of the other two stages, and has not been identified
as problematic by presidential appointment scholars.

Several provisions of law allow for temporarily filling PAS positions without Senate approval
during presidential transitions, as well as at other times. Congress has provided limited statutory
authority for temporary presidential appointments under the Federal Vacancies Reform Act of ²⁷

1998. Appointees under the Vacancies Act are authorized to “perform the functions and duties of ²⁸

the office temporarily in an acting capacity subject to the time limitations” provided in the act. A
temporary appointment under the Vacancies Act ordinarily may last up to 210 days
(approximately seven months). During a presidential transition, however, the 210-day restriction
period does not begin to run until either 90 days after the President assumes office (i.e., mid-
April), or 90 days after the vacancy occurs, if it is within the 90-day inauguration period.

²⁵^{U.S. C}^ong^re^{ss, Se}^na^te^Com^m^itte^e^{on A}^r^m^e^{d Se}^rv^ic^e^s^,^Le^gis^l^ativ^e^C^a^le^nd^ar^{, c}^o^m^m^itte^e^{print, 1}⁰⁷^th^Cong^.,²^nd^sess.
⁽^W^a^s^hing^{ton: G}^P^O^,²⁰⁰²⁾^{, p}^.⁸³^.
²⁶^F^e^d^e^ral^New^s^S^e^rvi^ce,^t^r^an^scri^p^t^o^f^t^h^{e S}^eⁿ^a^t^e^Eⁿ^ergy^an^d^Nat^u^ral^Reso^u^r^{ces Co}^mmⁱ^t^t^ee,^N^o^mⁱ^natio^{n of}^G^a^le
^No^rt^oⁿ^A^s^S^ecret^a^r^{y o}^f^t^h^{e I}ⁿ^t^e^ri^or^,^Jan^.¹⁸^,²⁰⁰¹^.^A^cces^sed^oⁿ^Ne^xi^s.^co^m^oⁿ^No^v.²⁰^,²⁰⁰⁸^.
²⁷^P^.^L^.¹⁰^5-2⁷⁷^,^Div^.^{C, T}^itle^I,^§¹^51;^{5 U.}^S.C.^§§³³^45-³³⁴⁹^{d. T}^h^e^a^c^t^doe^{s n}^o^{t a}^p^ply^{to p}^o^sitio^{ns o}ⁿ^m^u^lti-^m^e^m^b^e^r
^re^g^u^la^tory^boa^{rds a}^{nd c}^o^m^mⁱ^ssioⁿ^{s, to}^c^e^r^ta^{in o}^t^he^{r spe}^cⁱ^fⁱ^c^positi^{ons t}^h^a^t^m^a^y^be^f^ille^{d te}^m^pora^r^il^y^un^de^{r ot}^he^r
^sta^t^utory^prov^isions,^{or to ne}^w^po^{sitions tha}^t^ha^v^e^ne^v^e^r^be^eⁿ^f^ille^d.^T^h^{is la}^w^supe^rc^e^d^e^d^pr^e^v^{ious, si}^m^ila^{r sta}^t^utor^y
^p^r^o^vⁱ^sⁱ^oⁿ^s^.^F^o^{r m}^o^{re o}ⁿ^t^h^e^V^acan^ci^{es A}^c^t^,^{see CRS}^Rep^o^r^t⁹⁸^-⁸⁹²^,^T^h^e^Ne^{w Vac}^anc^ie^{s Ac}^{t: Co}^ngr^e^{ss Ac}^{ts to Prote}^c^t
^the^Seⁿ^a^te^{’s Co}^nfirmatⁱ^oⁿ^Pre^r^og^ativ^e^{, by}^Mortoⁿ^R^o^s^e^nbe^rg^.
²⁸⁵^U.S^.^C.^§³³⁴⁵^(a)(1^).

Furthermore, the time restriction is suspended if a first or second nomination for the position has
been submitted to the Senate for confirmation and is pending.
When an executive agency position requiring confirmation becomes vacant, it may be filled
temporarily under the Vacancies Act in one of three ways. First, the first assistant to such a
position may automatically assume the functions and duties of the office. This provision may be
of limited utility to a new President, because he probably would not yet have installed a first
assistant of his own choosing. Nonetheless, if the first assistant who becomes the acting leader is
a career executive, he or she might lend continuity to agency operations and reduce organizational
confusion and paralysis during the transition.
The Vacancies Act also provides that the President may direct an officer in any agency who is
occupying a position requiring Senate confirmation to perform the tasks associated with the
vacant position. Although this option would allow a new President to authorize one of his
confirmed appointees to perform key tasks, it might be of limited utility in the early months of the
new Administration when PAS positions in general are thinly staffed. Individuals the President
might designate to serve under this provision include appointees of the President’s party who are
incumbents in fixed-term membership positions on boards and commissions and holdover
appointees from the previous Administration who support the President’s policy preferences.
Finally, the Vacancies Act provides that the President may temporarily fill the vacant position
with any officer or employee of the subject agency who has been occupying a position for which
the rate of pay is equal to or greater than the minimum rate of pay at the GS-15 level, and who
has been with the agency for at least 90 of the preceding 365 days. Under this provision, the
President could draw, for example, from among an agency’s career Senior Executive Service
members, and this might allow him to select, as a temporary office holder, an individual who
supports his policy preferences.
A second form of limited-term appointment without Senate confirmation is a presidential recess
appointment. The President’s authority to make recess appointments is conferred by the
Constitution, which states that “[t]he President shall have Power to fill up all Vacancies that may
happen during the Recess of the Senate, by granting Commissions which shall expire at the End ²⁹
of their next Session.” Such appointments during within-session Senate breaks are termed
intrasession recess appointments, and those which occur during between-session recesses are
known as intersession recess appointments. Intrasession recess appointments have, however,
sometimes provoked controversy in the Senate, and there is also an academic literature that has ³⁰
drawn their legitimacy into question. Notwithstanding the ongoing discourse in this area, recent
Presidents have made recess appointments during both kinds of recesses. Recess appointments
expire at the end of the next session of Congress. As a result, a recess appointment may last for ³¹
less than a year, or nearly two years, depending on when the appointment is made.

²⁹^A^r^tic^le^{2, § 2}^,^c^l^.³^of^the^C^ons^tⁱ^t^u^tio^n.
³⁰^Re^g^a^rding^Se^na^te^c^ontr^o^v^e^rs^y^,^se^e^Se^{n. G}^e^org^e^Mitc^he^{ll, “}^T^he^Seⁿ^a^te^{’s Constitu}^tio^na^{l A}^u^thor^ity^{to A}^d^vⁱ^se^a^nd
^C^ons^eⁿ^t^{to t}^h^e^A^ppoi^ntm^e^{nt of}^Fe^de^r^a^{l O}^f^fⁱ^c^e^r^s^,^”^C^ongr^e^s^sⁱ^onal^Re^c^o^r^d^{, v}^o^l.¹^39,^J^u^ly^{1, 1}⁹⁹³^,^p.¹⁵²⁶⁶^{; a}ⁿ^{d Se}^na^te
^L^e^g^a^{l C}^ouns^e^l^{, “}^M^e^m^or^a^ndum^of^Uⁿ^ite^d^Sta^t^e^s^Se^na^te^a^s^A^m^ic^us^C^u^rⁱ^a^eⁱⁿ^Su^ppo^r^t^of^P^l^aⁿ^tif^f^s^’^M^o^tio^{n, a}^{nd i}ⁿ
^O^ppos^it^io^{n t}^o^D^e^f^e^nda^nts^’^Motⁱ^oⁿ^s^,^f^o^r^Sum^m^a^r^y^J^udgm^eⁿ^{t on C}^o^{unt T}^w^o,”^U^.^{S. D}ⁱ^s^t^rⁱ^c^t^C^our^t^f^o^r^the^Dⁱ^s^t^rⁱ^c^t^of
^Colum^b^ia^,^Ma^cki^{e v.}^Clⁱⁿ^t^oⁿ^{, C}^.^A^.^N^o^{. 93-}⁰⁰^32-^L^F^O^,^C^o^ngr^e^s^sⁱ^o^{nal Re}^c^o^r^d^{, v}^o^l^.¹³⁹^,^J^u^ly^1,¹⁹⁹³^{, pp}^{. 1}⁵²^67-¹⁵²⁷^4.
^Fo^{r acad}^em^{ic literatu}^{re, see, f}^o^{r e}^x^a^m^p^l^{e, M}ⁱ^ch^{ael A}^.^Carri^{er, “W}^h^eⁿ^{Is th}^{e Se}ⁿ^a^{te in}^{Recess f}^o^{r Pu}^r^p^o^s^{es o}^f^th^e
^R^e^c^e^s^s^A^ppointm^e^nts^C^l^a^u^s^e?”^Mⁱ^chⁱ^g^aⁿ^L^a^w^R^evi^ew^,^vo^l.⁹²^,^J^u^{ne 1}⁹⁹⁴^.
³¹^Forⁱⁿ^f^o^r^m^a^{tion on}^r^e^c^e^s^s^a^ppoiⁿ^t^m^e^nts^ge^ne^r^a^ll^y^,^s^e^e^C^R^S^R^e^por^t^R^S²¹³⁰^8,^Re^c^e^{ss Appo}^intmeⁿ^ts:^Fre^que^ntly
⁽^c^onti^nue^d.^..)

Although a new President might elect to use his recess appointment authority during a Senate
recess soon after he takes office, three recent Presidents used it sparingly during their first
calendar years in office. President George H.W. Bush made five such appointments in November
and December of 1989. President Clinton did not use this authority until 1994. President George
W. Bush made one recess appointment during the Senate’s August recess in 2001. A fourth recent
President, President Reagan, did not use this authority during his first six months in office, but he
made 34 recess appointments between August and December of 1981.
At times, a nominee is hired as a consultant while awaiting confirmation, but he or she may serve
only in an advisory capacity and may not take on the functions and duties of the office to which
he or she has been nominated. A nominee to a Senate-confirmed position has no legal authority to
assume the responsibilities of this position; the authority comes with one of the limited-term
appointments discussed above, or with Senate confirmation and subsequent presidential
appointment.

As noted at the outset of this report, the length of the appointment process during presidential
transitions, particularly between incoming and outgoing Presidents of different political parties, ³²
has been of concern to observers for more than 20 years. The 9/11 Commission drew fresh
attention to this issue in 2004, recommending changes that might accelerate the selection, ³³
clearance, and Senate consideration processes, particularly for “national security positions.”
Congress responded by enacting new statutory provisions related to the selection and vetting
process, as well as a provision expressing a “sense of the Senate” regarding a timetable for
submission and consideration of high-level national security nominations during transitions. (See
“Selection and Vetting During Presidential Transitions” and “The Senate Confirmation Process
and Presidential Transitions,” above.) It could be argued that, with federal government efforts to
address the nation’s economic and financial downturn underway during the 2008-2009
presidential transition, the pace at which top leadership positions at the Department of the
Treasury are filled would also be of concern.
Given these concerns and reform measures, Congress might elect to evaluate the length of the
2008-2009 transition-period appointment process. Baseline data about past transition-period
appointments could be helpful in such an effort. The 2008-2009 transition is a transition during
which the incoming President is of a political party different from the outgoing President.
Arguably, other recent “party-turnover” transitions would be more comparable to this one than ³⁴
would be transitions between Presidents of the same political party. Appendix A provides

^(...c^on^tin^ue^d)
^A^s^ked^Qu^estⁱ^oⁿ^s^,^by^H^e^nr^y^B^.^H^o^g^u^e^;^a^{nd C}^R^S^R^e^por^t^R^L³³³¹⁰^,^Re^c^e^s^s^Appoi^ntm^e^nts^M^ade^by^Pr^e^s^ideⁿ^{t G}^e^or^ge^W^.
^Bus^h^{, J}^aⁿ^uar^y²⁰^,²⁰^01-^O^c^tobe^r^31,²⁰⁰⁸^{, by}^H^e^nr^y^B^.^H^o^g^u^e^a^{nd Ma}^ur^e^eⁿ^B^e^a^r^de^n.^For^inf^o^r^m^a^tion^on^r^e^la^te^{d le}^g^a^l
^issu^{es, see CRS Rep}^o^r^{t RL}³²⁹⁷¹^,^Ju^dⁱ^ci^al^R^{ecess A}^p^poⁱⁿ^t^m^en^t^s^{: A}^L^e^g^a^l^Overvi^ew^{, by}^T^.^J^.^H^a^ls^te^a^d^{; a}^{nd CR}^{S Re}^p^o^rt
^R^L³³⁰⁰^9,^R^{ecess A}^p^poⁱⁿ^t^m^en^t^s^:^A^L^e^g^a^l^Overvi^ew^{, by}^T^.^J^.^H^a^ls^te^a^d^.
³²^Se^e^,^f^o^r^e^x^am^ple^,^N^a^tiona^{l A}^c^a^d^em^y^of^P^ublic^A^d^mⁱ^nis^t^r^a^tion^,^Le^ade^r^s^h^ipⁱⁿ^J^e^o^p^a^r^d^y^:^T^h^e^Fr^ayⁱⁿ^{g of}^the
^Pr^e^s^ideⁿ^tial^Ap^poi^ntm^e^nts^Sy^s^t^e^m⁽^W^a^s^hing^{ton: N}^a^tio^na^{l A}^c^a^d^em^y^of^P^u^b^lic^A^d^mⁱ^nis^t^r^a^tion,¹⁹⁸⁵⁾^,^pp.^9-^10.
³³^9/1¹^C^o^m^mⁱ^s^sⁱ^on^Re^por^t^,^p.⁴²^2.
³⁴^D^u^ring^s^u^c^h^a^traⁿ^s^iti^on^{, m}^o^s^t^po^litic^a^lly^a^ppointe^d^p^o^s^itio^ns^w^e^re^v^acat^ed^b^y^t^h^{e t}ⁱ^m^{e o}^f^t^h^{e i}ⁿ^au^gu^ratⁱ^oⁿ^o^f^t^h^{e n}^e^w
^P^r^e^s^ideⁿ^{t. T}^h^{is w}^oul^{d n}^o^t^ne^c^e^ssa^rily^be^the^c^a^s^e^during^traⁿ^siti^ons^be^tw^e^eⁿ^t^w^{o P}^r^e^sⁱ^d^eⁿ^ts^of^the^sa^m^e^politic^a^l^pa^rty^.
^W^h^en^P^r^esi^d^en^t^G^e^o^r^{ge H.}^W^.^Bu^sh^t^o^o^k^o^f^fⁱ^ce,^f^o^{r exa}^m^p^l^e,^T^r^eas^u^r^y^S^ecret^ar^{y Ni}^ch^o^l^{as Brad}^y^,^A^t^t^o^rn^ey^G^eⁿ^e^ral
⁽^c^onti^nue^d.^..)

nominee-level data on the length of the process for making appointments to Cabinet-level
positions during the three most recent party turnover transitions prior to 2008: Carter-Reagan
(1980-1981), Bush-Clinton (1992-1993), and Clinton-Bush (2000-2001). Appendix C provides
nominee-level data on the length of the process for making appointments to selected higher-level
subcabinet positions during the transitions. Appendix B provides information on the method for
selecting those positions that were included in Appendix C.
Appendix A and Appendix C each provide information about the intervals, in elapsed days, ³⁵
between different points in the appointment process. These points include election day, which is
the point after which the successful candidate and his supporters turn their attention from
campaigning to selecting a governing team, announcement of a proposed nominee, submission of
a nomination, Senate committee hearing on the nomination, Senate committee report or ³⁶
discharge, and final disposition by the Senate.
The remainder of this section provides brief analyses of these data.
The analysis presented here summarizes the data presented in Appendix A. Cabinet-level PAS ³⁷
positions considered in this analysis include all heads of departments, the Administrator of the
Environmental Protection Agency (EPA), the Director of the Office of Management and Budget
(OMB), the U.S. Trade Representative, and the Director of the Office of National Drug Control ³⁸
Policy (ONDCP).
Table 2 shows, for each position, across the three transitions, the mean length of the intervals
between specified points in the process: election day and the announcement; the announcement
and the first hearing date; the announcement and the final disposition of the nomination (usually
confirmation); and election day and final disposition of the nomination. The table also provides

^(...c^on^tin^ue^d)
^Ri^ch^ard^T^h^o^rⁿ^b^u^r^gh^,^and^S^ecret^ary^o^f^E^d^u^catⁱ^o^{n L}^a^u^r^o^F^.^Cavazo^s,^each^o^f^w^h^o^m^h^a^d^b^een^ap^poⁱⁿ^t^e^d^b^y^P^r^esi^d^ent
^Roⁿ^a^l^d^W^.^Reagan^,^re^m^aⁱⁿ^edⁱⁿ^offⁱ^ce.
³⁵^T^h^{e ap}^p^eⁿ^dⁱ^{ces di}^f^f^{er sl}ⁱ^g^h^t^l^y^wⁱ^t^h^regard^t^o^t^h^{e i}ⁿ^t^e^rval^{s t}^h^ey^p^r^o^vⁱ^d^e,^b^ecau^{se t}^h^{e t}^r^an^si^tⁱ^on^-p^eri^o^d^ap^poⁱⁿ^t^m^en^t
^proc^e^{ss f}^o^{r Ca}^bine^t-le^v^e^{l posit}^ioⁿ^s^dif^f^e^r^{s f}^r^o^m^the^usua^{l a}^p^p^oⁱⁿ^tm^eⁿ^{t pr}^oc^e^ss.^A^p^pe^nd^ix^A^do^{es not}^p^r^o^vⁱ^d^{e t}^h^e
^inte^r^v^a^l^be^tw^e^eⁿ^s^ubm^is^sⁱ^{on a}^nd^fⁱ^na^{l dis}^pos^it^io^{n, f}^o^r^e^x^am^ple^.^A^s^dis^c^us^s^e^{d in}^the^s^e^c^tio^nsⁱ^d^eⁿ^tif^ie^{d, Se}^na^te
^c^o^m^m^itte^e^s^of^te^{n be}^gⁱ^{n c}^onside^r^a^tion^of^pros^pe^c^tiv^e^Ca^bine^t-^le^v^e^{l nom}^ina^tions^be^f^o^re^the^ne^w^P^r^e^sⁱ^d^eⁿ^{t ta}^k^e^{s of}^fⁱ^c^e
^a^{nd ha}^s^t^h^e^a^u^t^horⁱ^t^y^{to s}^ubm^{it f}^o^r^m^a^l^nom^ina^tions^{. C}^ons^e^q^ue^ntly^{, the}^s^ubm^is^sⁱ^on-^t^o^-^f^ina^l^dis^p^os^iti^oⁿⁱⁿ^te^r^v^a^l^w^ould
^not^be^a^m^e^aⁿ^ing^f^ul^m^e^as^ur^e^of^the^Se^na^te^c^onsⁱ^d^e^r^a^tio^{n pe}^rⁱ^od^{. (}^S^e^e^“^T^he^Se^na^te^C^onf^ir^m^a^tion^P^r^oc^e^s^s^a^nd
^P^r^e^s^ideⁿ^tia^{l T}^r^aⁿ^sitio^ns“^a^bov^e^.⁾
³⁶^A^s^note^d^e^a^r^lie^{r in}^the^re^p^o^{rt, c}^o^nf^ir^m^a^{tion by}^the^Se^na^te^m^u^{st be}^f^o^llow^e^{d by}^f^o^r^m^a^l^pre^s^ideⁿ^tia^{l a}^ppo^intm^eⁿ^{t a}ⁿ^d
^sweariⁿ^{g i}ⁿ^,^bu^t^t^h^{ese st}^ep^{s m}^a^y^b^e^carri^ed^ou^t^quⁱ^c^kl^y^,^at^t^h^{e d}ⁱ^scretⁱ^oⁿ^o^f^t^h^{e A}^d^mⁱⁿⁱ^st^ratⁱ^oⁿ^,^and^a^r^{e gen}^e^ral^l^y
ⁱⁿ^coⁿ^s^equ^eⁿ^tⁱ^a^lⁱⁿ^p^{ace o}^f^t^h^{e o}^v^eral^l^p^r^o^cess.
³⁷^A^s^note^dⁱⁿ^the^ta^ble^,^no^nom^ina^tion^ha^{s be}^eⁿ^m^a^de^{to t}^h^e^p^o^sitioⁿ^of^Se^c^r^e^t^a^r^y^o^f^Hom^e^la^{nd Se}^c^u^rit^y^during^a
^pre^s^ideⁿ^tia^l^traⁿ^siti^on.^T^h^e^De^pa^rtm^e^{nt of}^Ho^m^e^la^{nd Se}^c^u^r^ity^,^w^h^ic^{h w}^a^{s e}^s^t^a^blishe^{d i}ⁿ²⁰⁰³^{, w}^a^{s n}^o^{t i}ⁿ^e^x^iste^nc^e
^durⁱⁿ^g^aⁿ^y^pr^ior^tr^aⁿ^sⁱ^tⁱ^on^.
³⁸^D^e^pa^r^t^m^e^{nt he}^a^d^s^a^r^e^g^e^ne^r^a^ll^y^cons^ide^r^e^d^to^be^m^e^m^b^e^r^s^of^the^C^a^bine^{t by}^tr^a^d^iti^on.^O^t^he^r^of^fⁱ^cⁱ^a^l^{s m}^a^y^be
^acco^rd^ed^Cabⁱⁿ^e^t^ran^k^at^t^h^e^P^r^esi^d^en^t^’^s^dⁱ^scretⁱ^o^n.^F^o^{r t}^h^{e p}^u^rpo^s^{es o}^f^t^hⁱ^s^t^a^b^l^e,^t^h^{e cat}^ego^r^y^o^f^Cabⁱⁿ^e^t^-ran^k
^nom^ine^e^s^inc^l^ude^s^nom^ine^e^s^{to th}^e^f^our^a^dditi^ona^l^P^A^{S pos}^iti^ons^gⁱ^v^e^{n C}^a^bine^{t r}^a^nk^by^P^r^e^sⁱ^d^eⁿ^{t G}^e^or^g^e^W^.^B^u^s^h^{. A}^ll
^o^f^t^h^{ese p}^o^sⁱ^tⁱ^oⁿ^s^,^{as w}^e^l^l^{as o}^t^h^e^rs,^w^e^re^gi^ven^Cabⁱⁿ^e^t^ran^k^b^y^P^r^esi^d^en^t^Clⁱⁿ^t^oⁿ^.^P^r^esi^d^en^t^Reagan^acco^rd^ed^Cabⁱⁿ^e^t
^ra^nk^{to tw}^{o of}^the^s^e^p^o^sitio^ns—O^{MB Dire}^c^t^{or a}ⁿ^{d U.S.}^T^r^a^d^e^Re^pre^s^eⁿ^ta^tiv^e^—^a^s^we^{ll a}^s^othe^rs.

the means, and medians, for each of these intervals in each of three categories of Cabinet ³⁹
nominees: department head nominees, Cabinet-rank nominees, and all Cabinet nominees.

³⁹^Tw^{o m}^e^a^s^ure^s^of^c^e^ntra^{l te}^nde^nc^y^a^r^e^pre^s^eⁿ^te^{d he}^re^{: the}^m^e^aⁿ^a^{nd the}^m^e^diaⁿ^{. T}^h^e^m^e^aⁿ^{is the}^m^o^re^f^a^m^ilia^r
^measu^r^e,^an^dⁱ^t^w^a^{s cal}^cu^l^a^t^e^d^,ⁱⁿ^eachⁱⁿ^st^an^ce,^b^y^ad^dⁱⁿ^g^t^o^get^h^{er t}^h^{e el}^ap^sed^tⁱ^m^e^s^f^o^{r al}^l^o^f^t^h^{e cases an}^d^dⁱ^vi^diⁿ^g
^the^re^sulti^ng^sum^by^the^tota^{l nu}^m^b^e^r^of^c^a^se^s.^T^h^e^m^e^diaⁿ^{is the}^mⁱ^ddle^num^be^{r in a}^se^{t of}^o^b^se^rv^a^{tions (}^o^r,^{in t}^h^is
^case,^b^ecau^{se o}^f^an^ev^enⁿ^u^m^b^e^{r o}^f^o^b^s^ervatⁱ^oⁿ^s^,^t^h^{e average o}^f^t^h^{e t}^w^o^mⁱ^d^d^l^{e nu}^m^b^ers).^In^d^a^t^a^set^s^,^su^ch^{as t}^h^o^s^e
^unde^r^dis^c^us^sⁱ^oⁿ^he^r^e^{, w}^h^e^r^e^the^da^ta^a^r^e^s^k^ew^e^d^b^ecau^{se o}^f^{a l}ⁱ^mⁱ^t^e^d^nu^m^b^{er o}^f^ext^r^e^m^{e v}^a^l^u^es,^t^h^{e m}^e^dⁱ^anⁱ^s^o^f^t^eⁿ
^coⁿ^sⁱ^d^ered^t^o^b^e^t^h^{e m}^o^{re accu}^rat^e^o^f^t^h^{e t}^w^o^measu^r^{es o}^f^c^eⁿ^t^ral^t^eⁿ^d^eⁿ^c^y^.

Table 2. Mean and Median Length of Appointment Process Intervals for Transition-period Cabinet-level Nominees of President
Ronald W. Reagan, President William J. Clinton, and President George W. Bush
^{Mean (or median*) elapsed d}^ays
^{Election day to}^Anno^{uncement to first}^Anno^{uncement to final}^{Total: elect}^{ion day}
^{Position (number}^{of n}^omine^es)^annou^ncement^{hearing date}^disposition^{to final disposition}
^Department^heads
^{Secretary of State (3)}⁴³²⁶³³⁷⁷
^{Secretary of the}^Treasu^{ry (3)}³⁹²⁹³⁸⁷⁷
^{Secretary of Defe}^{nse (3)}⁴⁶¹⁹³¹⁷⁶
^{Attorney Ge}^{neral (4)}⁵⁸²⁸³⁶⁹⁴
^{Secretary of the}^Inte^{rior (3)}⁵⁰²¹³⁰⁸¹
^{Secretary of Agricultu}^{re (3)}⁴⁸²¹³⁰⁷⁷
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^{Secretary of Commerce (}³⁾⁴⁰²²³⁸⁷⁷
^g/w^.or^g/w
^s^.or^ak^s^{Secretary of La}^{bor (3)}⁴⁸²²³⁶⁸⁴
^le^ak^le^{Secretary of Health}^and^{42 27}³⁶⁷⁸
^Human^{Services (3)}
^://wiki^://wiki^{Secretary of Housi}^{ng and Ur}^ban^{Development (3)}⁴⁵²⁵³³⁷⁸
^h^ttp^h^ttp
^{Secretary of Tran}^{sportation (3)}⁴⁸²¹³¹⁷⁹
^{Secretary of E}^nergy⁽³⁾⁵¹²²²⁷⁷⁷
^{Secretary of Ed}^{ucation (3)}⁵⁵¹⁴²³⁷⁷
^{Secretary of Vetera}^{ns Affairs (}²⁾⁴⁸²¹³⁰⁷⁸
^{Secretary of Homeland Secu}^{rity (0)}^a^n.a.^n.a.^n.a.^n.a.
^Departme^{nt h}^{ead nomi}^{nees (4}^2)—mean⁴⁷²³³²⁸⁰
^Departme^{nt h}^{ead nomi}^{nees (4}^2)—median^48*^25*^31*^79*
^{Cabinet-rank positions}
^{Administrator of the E}^nvironmeⁿ^{tal Protection Agency (3)}⁶⁴⁴²⁵¹¹¹⁵
^{Director of the Office of}^Manage^{ment and B}^{udget (3)}⁴⁰²⁹⁴⁰⁸⁰
^{U.S. Trade}^{Representative (3)}⁶⁰¹⁹²³⁸³

^{Mean (or median*) elapsed d}^ays
^{Election day to}^Anno^{uncement to first}^Anno^{uncement to final}^{Total: elect}^{ion day}
^{Position (number}^{of n}^omine^es)^annou^ncement^{hearing date}^disposition^{to final disposition}
^{Director of the Office of}^Nationa^{l Drug Control Policy (2)}¹⁸¹⁵³¹²⁹³⁰⁹
^Cabinet-r^{ank nomin}^ees^(11)—mean⁷⁷³⁴⁵⁵¹³³
^Cabinet-r^{ank nomin}^ees^{(11)—median}^51*^28*^42*^84*
^{All Cabinet nominees (53)—mean}⁵⁴²⁵³⁷⁹¹
^{All Cabinet nominees (53)—median}^48*^26*^32*^79*
^Source:^{Table created}^{by CRS b}^{ased on data from}^A^{ppendix A}^{of this report.}
^Note:^{n.a. = not applicable.}
^a.^{The Departme}^{nt of Homeland Se}^{curity was esta}^{blished in 2}⁰⁰^{3. A}^s^{of the}^{beginning of t}^he²⁰^08-2⁰^{09 tra}^{nsition, no incoming Presi}^{dent had made a}^ppointme^{nts to th}^e
^{position of Secretary of Homelan}^{d Security.}
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}

^g/w^.or^g/w
^s^.or^ak^s
^le^ak^le
^://wiki^://wiki
^h^ttp^h^ttp

On average, Cabinet appointments were confirmed within 91 days (approximately three months)
of the election. This means that the average Cabinet appointment was confirmed within about two
weeks after inauguration day. This finding suggests that, on the whole, the transition-period
appointment process has been effective at installing the top leaders of a new Administration soon
after the new President takes office.
Cabinet-level nominees do not all move through the process this quickly, however. As Table 2
shows, there are notable differences between the mean interval from election day to final
disposition for department head nominees (80 days) and for Cabinet-rank nominees (133 days).
Department head nominees were announced sooner, brought before the committee of jurisdiction
more quickly, and confirmed at an earlier date than Cabinet-rank nominees.
There was more variation in the intervals between election day and final disposition among the
Cabinet-rank nominees than the department head nominees. The overall duration of the
appointment process for OMB Director and U.S. Trade Representative nominees was similar to
that of department head nominees. On average, the EPA Administrator nominations were
confirmed more than a month later than nominees to these two positions. Most notably,
nominations to the position of Director of the Office of National Drug Control Policy took far
longer to go through every stage of the process than any other Cabinet nomination.
With regard to the EPA Administrator nominations, the data in Table 2 suggest that the
nominations were announced later than, and brought before the committee of jurisdiction for a
hearing less quickly than, the average department head nomination. As the data in Appendix A
show, however, one of the three EPA nominations, President Reagan’s nomination of Ann M.
Gorsuch, took twice as long as either of the other two to get to final disposition. This single
nomination appears to account for most of the variation from the department head average.
Both transition period nominations to the position of ONDCP Director,⁴⁰ on the other hand, were
anomolous among all Cabinet-level nominations. As the data in Appendix A show, both of these
nominations took much longer than other Cabinet nominations. But the elapsed time between
election day and final disposition for President Bush’s nomination of John P. Walters was 393
days, 168 days longer than the same period for President Clinton’s nomination of Lee P. Brown.
Because of these extreme values, for Cabinet-rank nominees, the mean length of the process is
much greater than the median.
The analysis presented here summarizes the data presented in Appendix C. This appendix
includes data on 75 nominations to 29 positions across the three party-turnover transitions
identified above. Positions considered in this analysis include selected higher-level subcabinet
posts in the federal government organizations that are most involved with policymaking related to
national security and to the federal response to the economic and financial downturn. A complete

⁴⁰^A^s^note^dⁱⁿ^A^ppeⁿ^dⁱ^x^A^,^th^e^p^o^s^itioⁿ^o^f^ONDP^{C Di}^recto^r^w^a^{s est}^a^b^lish^e^dⁿ^{ear th}^{e en}^d^o^f^th^{e Reag}^an
^A^d^mⁱ^nis^t^r^a^{tion, s}^o^t^h^e^r^e^w^e^r^e^onl^y^t^w^{o tr}^aⁿ^s^ition-^pe^rⁱ^o^d^a^p^poi^ntm^e^nts^prⁱ^o^r^t^o^t^h^e²⁰⁰⁸^-²⁰⁰^{9 tr}^aⁿ^sⁱ^tⁱ^on.

list of these selected positions and a detailed explanation of the method by which they were
chosen are provided in Appendix B.
Table 3 provides, at the department level, the mean and median length of the intervals between
specified points in the process: election day and nomination submission; submission and hearing;
hearing and report or discharge; report or discharge and final disposition of the nomination
(usually confirmation); submission and final disposition; and election day and final disposition of
the nomination. The table does not provide this information for the Department of Homeland
Security (DHS) or the Intelligence Community. In each of these cases, only one position was
included in the selected group of subcabinet positions. These cases would not necessarily be
representative of all DHS or the Intelligence Community subcabinet positions. The nominees to
positions in these agencies are, however, included in the mean and median values in the rows
entitled “All specified subcabinet nominees” at the bottom of the table.
For many of the intervals in Table 3, the mean is notably greater than the median. This suggests ⁴¹
that these data include a limited number of extreme values. In such cases, the median is often
considered to be the more accurate of the two measures of central tendency. Consequently, the
analysis in this subsection will focus on the median.
The median length of the total process, from election day to final disposition, for all specified
subcabinet nominees was 182 days. This means that half of the nominees to positions in this
group were confirmed within approximately six months of election day, or, in other words, within
approximately 3½ months of inauguration day. The remaining half were confirmed after that
point.
State Department nominees, on average, completed the process most swiftly. Half the
nominations reached the point of final disposition within 139 days, or about 4½ months, after
election day. The median interval between election day and nomination submission, at 121 days,
or roughly four months, is shorter for State Department nominees than it is for any of the other
groups of nominees, and this appears to account for the faster progress of these nominees.
Nominees to Department of Energy positions took the longest to be confirmed, on average. The
median interval between election and confirmation for the seven nominees was 234 days, or
nearly eight months. In large part, this appears to be due to a relatively long interval between
election day and the submission of nominations to the Senate. Half of these nominations were
submitted 196 days (about 6½ months) or more after election day. Once the Energy Department
nominations were submitted, the median number of days before confirmation was 25 (less than
one month).

⁴¹^A^re^vⁱ^e^w^of^the^da^taⁱⁿ^A^ppeⁿ^dⁱ^x^C^v^e^rifⁱ^e^d^tha^t^this^{is c}^o^rre^c^t^{. A}^nom^ina^tio^{n w}^{ith o}ⁿ^e^{or m}^o^re^tim^e^inte^rv^a^l^{s tha}^t
^{are far l}^oⁿ^g^{er t}^h^an^{average i}^sⁿ^o^tⁿ^ecessari^l^y^oⁿ^e^t^h^at^f^aced^{a p}^r^o^b^l^e^m^atⁱ^c^p^r^o^{cess o}^r^l^e^d^t^o^ext^eⁿ^d^e^d^vacan^c^yⁱⁿ^t^h^e
^positi^onⁱⁿ^que^sti^oⁿ^.^F^o^{r e}^x^a^m^ple^,^P^r^e^s^ideⁿ^t^Bush^subm^itte^d^{his f}ⁱ^{rst nom}^ina^tio^{n to}^the^posit^io^{n of}^Unde^{r Se}^c^r^e^t^a^r^y^of
^Ene^r^gy^f^o^r^N^u^c^l^e^a^r^Se^c^u^rⁱ^t^y^/^A^dm^inis^tr^a^t^or^,^N^a^tio^na^{l N}^u^c^l^e^a^r^Se^c^u^r^ity^A^d^mⁱ^nis^t^r^a^tion^on^Fe^br^ua^r^y^4,²⁰^03,⁸¹⁹^da^y^s
^af^t^e^{r t}^h^{e p}^r^esi^d^en^tⁱ^a^l^el^ectⁱ^o^{n an}^d^m^o^{re t}^h^an^t^w^o^y^{ears i}ⁿ^t^o^hⁱ^s^p^r^esi^d^en^cy^.^In^t^hⁱ^s^case,^h^o^w^ever,^t^h^{e i}ⁿ^cu^m^b^en^t^uⁿ^d^e^r
^the^Clin^to^{n A}^d^mⁱ^nis^t^ra^{tion, J}^o^hn^G^o^{rdon, re}^m^a^ine^dⁱⁿ^of^fⁱ^c^e^{until J}^u^ly²⁰⁰²^{. F}^o^llowⁱ^ng^G^o^rdoⁿ^’s^de^pa^rture^,^Lⁱ^nt^on^F.
^B^r^ook^s^,^w^{ho w}^a^s^theⁿ^D^e^puty^A^d^mⁱ^nis^t^r^a^tor^f^o^r^D^e^f^e^ns^e^N^u^c^l^e^a^r^N^onpr^olif^e^r^a^tion,^b^{ecame Act}ⁱⁿ^{g A}^d^mⁱⁿⁱ^st^rat^o^r.^He
^w^a^{s P}^r^e^s^ideⁿ^t^Bush^{’s n}^o^mⁱ^ne^e^{to the}^p^o^sitio^{n, a}^{nd w}^a^{s c}^onf^irm^e^{d on Ma}^y^1,²⁰⁰³^{, a}^p^prox^im^a^t^e^l^y^thre^e^m^{onths a}^f^te^r
^theⁿ^o^mⁱ^na^{tion w}^a^{s subm}^itte^d.

As Table 3 shows, for all selected subcabinet nominations, the median interval between election
and submission is nearly six times longer than the median interval between submission and final
disposition. In other words, during the past three party-turnover transitions, the incoming
Administration has typically taken much longer to submit one of these nominations than the
Senate has taken to dispose of it, once it is submitted.

Table 3. Mean and Median Length of Appointment Process for Selected Transition-period Subcabinet Nominees of President
Ronald W. Reagan, President William J. Clinton, and President George W. Bush
^{Elapsed days}
^Department^{Election day to}^{Submission to}^{Hearing to report}^{Report or}^disch^arge^{Submission to final}^{Total: elect}^{ion day}
^{(number of}^submission^hearing^{or disc}^har^ge^{to final disposition}^disposition^{to final disposition}
^nominees)
^Mean^Median^Mean^{Median Mean}^Median^Mean^{Median Mean}^Median^Mean^Median
^State⁽²²⁾¹²¹^{121 24 15}⁶⁵⁵¹³³²³¹⁵⁴¹³⁹
^Treasury⁽⁹⁾¹³¹^{133 16 16}⁹⁶³⁷¹⁹⁵⁵⁵⁰¹⁸⁶¹⁸⁹
^Defense⁽²⁰⁾¹⁶²¹⁵⁵¹³^{9 14}⁸²^{1 28}¹⁵¹⁹⁰¹⁸⁹
^Justice⁽¹²⁾²²³^{170 59 28}²¹⁸⁸⁴⁸⁸⁵⁰³¹¹²⁰⁶
^Energ^y⁽⁷⁾³¹⁷^{196 24 17}⁵⁷¹³⁹⁴¹²⁵³⁵⁸²³⁴
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^{All selected}^subcabinet¹⁶⁶^{133 25 13}¹¹⁶¹⁰²⁴³²³²⁰⁹¹⁸²
^g/w^.or^g/w^nominees
^s^.or^ak^s⁽⁷⁵⁾
^le^ak^le
^Source:^{Table created}^{by CRS b}^{ased on data from}^A^{ppendix C}^{of this report.}
^://wiki^://wiki

^h^ttp^h^ttp

In general, transition-period Cabinet-level nominees are selected, vetted, considered, and
confirmed expeditiously; they generally take office shortly after the new President’s inauguration.
Nominations to be Director of ONDCP, a position that was accorded Cabinet rank by President
Clinton and President Bush, were different; they took far longer than other Cabinet-level
nominations to be confirmed.
On average, the interval between election day and final disposition of nominations to selected
subcabinet positions was more than twice as long as that of nominations to Cabinet-level
positions. There were notable differences in the average election to final disposition interval
among the subcabinet positions in different departments; on average, State Department
subcabinet nominations were processed and confirmed more quickly than those of any other
department. The pre-nomination portion of this period was notably longer than the period of
Senate consideration. The Senate confirmed more than half of the selected subcabinet
nominations 23 days or less after the nomination was submitted.

Table A-1.Transition Period Nominations to Cabinet Positions by President Ronald W. Reagan,
President William J. Clinton, and President George W. Bush
^{Date of action}^{Elapsed days}^a
^Confirm^{ation o}^r^{Election day to}^Anno^uncement^Anno^uncement^{Total: elect}^ion
^Anno^uncement^Committee^hearings^Submission^{other final}^annou^ncement^{to first hearing}^{to final}^{day to final}
^disposition^date^disposition^disposition
^{TRADITIONAL C}^ABINET^{MEMBERS (HEADS OF THE 15 DEPARTMENTS)}
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^{ee on Foreign Relations)}
^g/w^.or^g/w^1/9/8^{1, 1/}^10/8^1,
^s^.or^ak^s^{r. (Reagan)}^12/1^6/8⁰^1/12/^{81, 1/1}^3/81,^1/20/^{81 1/21/}⁸¹⁴²²⁴³⁶⁷⁸
^le^ak^le^1/14/⁸¹^b
^://wiki^://wiki^hristophe^{r (Clinton)}^12/2^2/9²^1/13/^93,^1/1^4/93^1/20/⁹³^1/20/⁹³⁴⁹²²²⁹⁷⁸
^h^ttp^h^ttp^{ll (Bush)}^12/1^6/0⁰^1/17/⁰¹^1/20/⁰¹^1/20/⁰¹³⁹³²³⁵⁷⁴
⁴³²⁶³³⁷⁷
^C^{ommittee on Finance)}
^{Regan (Reagan)}^12/1^1/8⁰^1/6/8¹^1/20/⁸¹^1/21/⁸¹³⁷²⁶⁴¹⁷⁸
^12/1^0/9²^1/12/⁹³^1/20/⁹³^1/20/⁹³³⁷³³⁴¹⁷⁸
^12/2^0/0⁰^1/17/⁰¹^1/20/⁰¹^1/20/⁰¹⁴³²⁸³¹⁷⁴
³⁹²⁹³⁸⁷⁷
^mitte^{e on Armed Services)}
^{r (Reagan)}^12/1^1/8⁰^1/6/8¹^1/20/⁸¹^1/20/⁸¹³⁷²⁶⁴⁰⁷⁷
^12/2^2/9²^1/7/9³^1/20/⁹³^1/20/⁹³⁴⁹¹⁶²⁹⁷⁸

^{Date of action}^{Elapsed days}^a
^Confirm^{ation o}^r^{Election day to}^Anno^uncement^Anno^uncement^{Total: elect}^ion
^Anno^uncement^Committee^hearings^Submission^{other final}^annou^ncement^{to first hearing}^{to final}^{day to final}
^disposition^date^disposition^disposition
^{the Office}^{of Man}^{agement and Budget (Co}^m^mitte^{e on Homeland Security and Governmental A}^ffairs)^f
^{ockman (Reagan)}^12/1^1/8⁰^1/8/8¹^1/20/⁸¹^1/27/⁸¹³⁷²⁸⁴⁷⁸⁴
^12/1^0/9²^1/11/⁹³^1/20/⁹³^1/21/⁹³³⁷³²⁴²⁷⁹
^12/2^2/0⁰^1/19/⁰¹^1/20/⁰¹^1/23/⁰¹⁴⁵²⁸³²⁷⁷
⁴⁰²⁹⁴⁰⁸⁰
^{e (Committee on Finance)}
^{iam E. Brock III (Reagan)}^1/7/8¹^1/19/⁸¹^1/20/⁸¹^1/21/⁸¹⁶⁴¹²¹⁴⁷⁸
^12/2^4/9²^1/19/⁹³^1/20/⁹³^1/21/⁹³⁵¹²⁶²⁸⁷⁹
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^{lick (Bush)}^1/11/⁰¹^1/30/⁰¹^1/29/⁰¹^2/6/0¹⁶⁵¹⁹²⁶⁹¹
^g/w^.or^g/w^{U.S. Trade Represent}^ative⁶⁰¹⁹²³⁸³
^s^.or^ak^s
^le^ak^le^{the Office}^{of National Dru}^{g Co}^{ntrol Policy (C}^{ommittee on the Judiciary)}^{new position - P.L. 100-6}⁹⁰^signe^{d into law 11/1}^8/1⁹⁸^{8, Title I, Su}^{btitle A, Section 1002(}^b)
^4/28/⁹³^5/25/⁹³^5/20/⁹³^6/16/⁹³¹⁷⁶²⁷⁴⁹²²⁵
^://wiki^://wiki^g^5/11/⁰¹^7/28/⁰¹^6/5/0¹^12/5/⁰¹¹⁸⁵⁷⁸²⁰⁸³⁹³
^h^ttp^h^ttp
¹⁸¹⁵³¹²⁹³⁰⁹
^{lapsed days for a}^{ll app}^ointme^nts^{to cabi}^net^ran^{k posi}^tion^s⁷⁷³⁴⁵⁵¹³³
^{lapsed days for a}^ll^appointme^{nts t}^o^Cabine^t-ra^{nk positi}^ons⁵¹²⁸⁴²⁸⁴
^{R ALL APPOINTMENTS}⁵⁴²⁵³⁷⁹¹
^{OR ALL}^APPOINTMENTS⁴⁸²⁶³²⁷⁹
^Source:^{Table created}^{by CRS u}^{sing data gathered f}^{rom the}^{nominations database of t}^{he Legislative Information System}^{(LIS), which}^{is av}^{ailable to the congressional}
^{community at}^{http://www.congre}^{ss.gov/nomis/, various Senate committee calendars, various hea}^{ring records, various volumes of}^th^e^{Journal of the Executive Proceedings of the}
^{Senate of the United States of America}^{, and the}^{U.S. Code}^{. An}^noun^ce^{ment dates wer}^{e drawn}^{from co}^ntemporar^{y new}^{s accou}^{nts (articles available from the a}^{uthors), an}^{d from}
^{Charles O. Jones,}^Pas^{sages t}^o^the^{Presidency: From Campaigning to Governing}^{(Washington: Brookings,}¹⁹^{98), p. 9}^7.
^Notes:^{This table includes, in seque}^{ntial sections, the traditional Cabinet positions that ar}^{e filled through}^{the advice a}^{nd conse}^nt^p^r^{ocess (i.e.}^{, heads of departme}^{nts), and}
^{the four}^{additional PA}^{S positions}^{given Cabinet ra}^nk^{by President}^{George W. Bush. All four positions, as well as others, were g}^iveⁿ^{Cabinet ran}^{k by}^{President Clinton.}
^{President Reagan accorded Cabin}^{et rank to two of th}^{ese positions}^{—OMB Director and U.S. Trade Representative—as w}^{ell as other}^s.^{In each}^{of these}^{sections, the}

^{positions are listed in the order t}^{hey were}^{established as advice a}ⁿ^d^consent^{positions. The table does not include an}^individu^{al whose selection was anno}^{unced if}^he^{or she}
^{was not su}^bseq^ue^{ntly nominated.}
^a.^{This table does not provide the i}^{nterval betwe}^{en s}^{ubmission a}^{nd f}^{inal dispositi}^{on. As discussed in the body of this}^{report, Sen}^{ate co}^{mmittees often}^{begin consideration}
^{of prospective Ca}^{binet-level nominations before t}^{he new}^Presiden^{t takes office and}^{has the}^aut^{hority to submit formal}^nominatio^{ns. Conseque}^{ntly, the s}^{ubmission-to-}
^{final dispositi}^{on interval would n}^{ot be a meaning}^{ful meas}^{ure of t}^h^e^{Senate consideration period. (See “The Senate Confirmation}^Pro^{cess and Presidential Transitions”}
^above.)
^b.^{The record of hea}^{rings conce}^rnin^{g the nomination of Alexa}^{nder M}^.^{Haig Jr. before th}^{e Senate Com}^{mittee on Foreign Relations incl}^{udes a transc}^{ript of th}^{e Jan}^uary¹⁵^,
¹⁹⁸^{1, meeting of t}^{he committee t}^o^{review and vote on the}^nomina^{tion. (U.}^{S. C}^{ongress, Senate Committee on Foreign Relations,}^{Nomination of Alexander M. Haig, Jr.}^,^th^st
^{hearings on t}^he^{nomination of Alexander}^{M. Haig, Jr., to be Secret}^{ary of State, 97}^{Cong., 1}^{sess., Janua}^{ry 9,}^{10, 1}^{2, 13,}^{14, 1}^{5, 1}⁹⁸¹^{(Washington: GPO, 1}⁹⁸^{1).) The}
^{committee does not appear}^{to ha}^{ve heard a}^{ny testimony on}^the¹⁵^th^{, however. In addition, the com}^{mittee calendar does not include}^Janua^{ry 1}^{5, 1}⁹⁸^{1, as a hea}^ring^th^nd
^{date. (U.}^{S. Congress, Senate Co}^{mmittee on Foreign Relations,}^Le^{gislative Calenda}^{r, Final Edi}^tion^{, co}^{mmittee print, 9}⁷^{Cong., 2}^ses^{s. (Washington: GPO, 19}^83).)
^Conseque^{ntly, this date is not inc}^{luded here.}
^c.^{The Committee on Labor a}^{nd H}^{uman Resou}^{rces also held a hea}^{ring on this}^{nomination on Jan}^uary^{15, 1}⁹⁹^3.
^d.^{The Committee on Health, Edu}^c^{ation, Labor, and Pensions also h}^{eld a hearing on t}^{his nomination}^{on Jan}^uary^{19, 2}⁰⁰^1.
^e.^{The Departme}^{nt of Homeland Se}^{curity was esta}^{blished in 2}⁰⁰^{3. A}^s^{of the}^{beginning of t}^he²⁰^08-2⁰^{09 tra}^{nsition, no incoming Presi}^{dent had made a}^ppointme^{nts to th}^e
^{position of Secretary of Homelan}^{d Security.}
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^f.^{According to the Legislative Infor}^{mation System, President Reagan’s nomination of Stockman to this}^{position was also referred t}^{o the}^{Committee on Finance. The}^{Committee on Homeland Security and Gover}^nme^{ntal Affairs was}^f^{ormerly known as}^{the Committe}^{e on Gover}^{nmental Af}^fairs.
^g/w^.or^g/w
^s^.or^ak^s^g.^{This row summarizes President B}^{ush’s two se}^que^{ntial nominations of Walters to the position. The f}^{irst nomination, on June}^{5, 2}⁰⁰^1,^{was retu}^{rned to the}^{President on}
^le^ak^le^August^{3, 20}^{01, at t}^he^beginning^{of the Senate’s Aug}^ust^{recess, u}ⁿ^{der the}^{provisions of Senate Rule}^{XXXI, paragrap}^h^{6 of the St}^a^{nding Rules of the}^{Senate. The}
^{President renominated Walters t}^o^{the position on Septemb}^{er 4,}²^{001, a}^{nd the}^{nomination was con}^{firmed on Decembe}^{r 5, 2}⁰⁰^{1. Th}^{e t}^{wo nominations are combined}
^://wiki^://wiki^{here to p}^{rovide a more accu}^rate^understa^{nding of the}^{length of t}^h^e^{entire p}^rocess.
^h^ttp^h^ttp

This report includes analysis of a group of higher-level subcabinet positions in the departments
most involved with policymaking related to national security and to the federal response to the
economic and financial downturn. A two stage process was used to select this group. First,
relevant criteria were used to identify an appropriate pool of positions. Second, those positions to
which a nomination had been made during at least one previous presidential transition were
selected from this pool.
The inclusion of the national security related positions was based on a 9/11 Commission
recommendation that the “president-elect ... submit the nominations of the entire new national
security team, through the level of under secretary of cabinet departments, not later than January

20,” and that the “Senate ... adopt special rules requiring hearings and votes to confirm or reject ⁴²

national security nominees within 30 days of their submission.” The commission did not further
specify which departments or under secretaries should be treated in this manner. In an effort to
select positions for analysis that might match those intended by the commission, criteria similar
to those in the passages above were adopted. Positions were to be part of the Department of State,
the Department of Defense, the Department of Justice, the Department of Energy, the Department
of Homeland Security, or the Intelligence Community and either (1) at Level II of the Executive
Schedule; (2) titled as under secretaries; or (3) for those organizations without under secretaries,
the equivalent title at Level III of the Executive Schedule.
It could be argued that, with federal government efforts to address the nation’s economic and
financial downturn underway during the 2008-2009 presidential transition, the pace at which top
leadership positions at the Department of the Treasury are filled would also be of concern. For
this reason, Treasury positions similar to those in the other organizations were included. In
addition, two new positions specifically associated with the federal government’s efforts, the
Assistant Secretary for Financial Stability and the Special Inspector General for the Troubled
Asset Relief Program, were included.
The list below shows the positions that met the criteria specified above. The positions are listed
by organization, and the organizations are listed in the order established. The subcabinet positions
that were actually subject to analysis in this report were drawn from this pool. Given the nature
and purpose of the study, the group selected for analysis includes only those positions to which a
nomination has been made during at least one presidential transition; positions that have come
into existence since the 2000-2001 transition were not included in the final pool. Selected
positions are marked with an asterisk in the list below.
^{Department of State}
^{Deputy Secreta}^ry*
^{Administrator of the U.S. Agency for Inte}^{rnational Development*}
^{U.S. Permanent Represe}^{ntative t}^o^{the United Nations*}
^{Under Secretary}^{for Arms}^Contr^{ol and International Security*}
^{Under Secretary}^{for Democracy}^{and Global Affairs*}

⁴²^9/1¹^C^o^m^mⁱ^s^sⁱ^on^Re^por^t^,^p.⁴²^2.

^{Under Secretary}^{for E}^{conomic Business a}^{nd Agricultural Af}^fairs*
^{Under Secretary}^{for Ma}^nageme^nt^*
^{Under Secretary}^{for Political Affa}^irs*
^{Under Secretary}^{for Pu}^{blic Diplo}^{macy and Pu}^{blic Affairs*}
^{Department of the Treasury}
^Deputy^Secreta^ry*
^{Under Secretary}^{for Domestic Finance*}
^{Under Secretary}^{for Terrorism a}^{nd Financial Intelligence*}
^{Under Secretary}^{for I}^nter^{national Affairs*}
^{Assistant Secretary}^{for Financial}^Stability
^{Special Inspector}^Gene^{ral for the}^{Troubled Asset Relief Program}
^{Department of Defense}
^Deputy^Secreta^ry*
^{Secretary of the}^Army*
^{Secretary of the}^Navy*
^{Secretary of the}^{Air Force*}
^{Under Secretary}^{for Acq}^{uisitions, Techonology, and Logistics}
^{Under Secretary}^{- Comptroller*}
^{Under Secretary}^{for I}^ntelligence
^{Under Secretary}^{for Person}^{nel a}^{nd Readiness*}
^{Under Secretary}^{for Policy*}
^{Department of Justice}
^{Deputy Attor}^{ney G}^eneral*
^{Administrator of Drug E}^nforcem^ent*
^{Associate Attorney Ge}^neral*
^Sol^icitor^General*
^{Director of the Burea}^{u of Alcoh}^{ol, T}^{obacco, Firearms, and Explosives}
^{Department of Ener}^gy
^Deputy^Secreta^ry*
^Under^Secretary*
^{Under Secretary}^{for N}^{uclear Sec}^{urity/Administrator of the}^{National Nuclear Secu}^{rity Administration*}
^{Under Secretary}^{for Science}
^{Department of Homeland Security}
^{Deputy Secreta}^ry
^{Director of the Federal Emerg}^en^{cy Manage}^{ment Age}^ncy*
^{Under Secretary}^{for I}^{ntelligence and Analysis}
^{Under Secretary}^{for Ma}^nageme^nt
^{Under Secretary}^{for Prepa}^rednes^{s (also known as the U}^{nder Secr}^{etary for National Protection and}^Programs
^Directorate)

^{Under Secretary}^{for Science a}^nd^Technology
^Intell^{igence Community}
^{Director of National Intelligence}
^{Director of Central Intelligence*}
^{Principal Deputy Director of}^Nat^{ional Intelligence}
^{Director of the National Counte}^{rterrorism Cente}^r
^Note:^Pos^iti^{ons marked with an}^{asterisk are those}^{that we}^{re sele}^{cted from this}^{pool and subject t}^o^{analysis in}
^{this report. See text}^{above for}^m^{ore information.}

Table C-1.Transition Period Nominations to Selected Subcabinet Positions by President Ronald W. Reagan, President William J.
Clinton, and President George W. Bush
^{Date of action}^{Elapsed days}
^{Report or}^Total:
^Reported^Confirm^ation^{Hearing to}^dischar^{ge to}^Submission^{election to}
^Nominee^Committee^or^{or other}^final^{Election to}^Submission^{report o}^r^final^{to final}^final
^{(nominating President)}^Submission^hearing(s)^dischar^ged^disposition^submission^{to hearing}^dischar^ge^disposition^disposition^disposition
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^E
^g/w^.or^g/w^{ee on Foreign Relations)}
^s^.or^ak^s^{lark (Reagan)}^1/26/⁸¹^2/2/8¹^2/13/⁸¹^2/24/⁸¹⁸³⁷¹¹¹¹²⁹¹¹²
^le^ak^le
^1/20/⁹³^1/22/⁹³^1/26/⁹³^1/26/⁹³⁷⁸²⁴⁰⁶⁸⁴
^://wiki^://wiki^3/8/0¹^3/15/⁰¹^3/23/⁰¹^3/23/⁰¹¹²¹⁷⁸⁰¹⁵¹³⁶
^h^ttp^h^ttp^{puty Secretary of}^State⁹⁴⁵⁸⁴¹⁷¹¹¹
^{of the U.S. Ag}^{ency for}^{International Devel}^{opment (USAID) (C}^{ommittee on Foreign Relations)}
^{rson (Reagan)}^2/3/8¹^2/20/⁸¹^2/24/⁸¹^2/26/⁸¹⁹¹¹⁷⁴²²³¹¹⁴
^inton)^4/5/9³^4/29/⁹³^5/6/9³^5/7/9³¹⁵³²⁴⁷¹³²¹⁸⁵
^3/22/⁰¹^4/25/⁰¹^4/26/⁰¹^4/26/⁰¹¹³⁵³⁴¹⁰³⁵¹⁷⁰
^{ministrator of the USAID}¹²⁶²⁵⁴¹³⁰¹⁵⁶
^{ive to the Unit}^{ed Nations (U.N.) (Committee on Foreign Relations)}
^{rick (Reagan)}^1/20/⁸¹^1/15/⁸¹^n.a.^a^1/29/^{81 77}^n.a.^a^n.a.^a^n.a.^a⁹⁸⁶
^1/20/⁹³^1/21/⁹³^1/26/⁹³^1/26/⁹³⁷⁸¹⁵⁰⁶⁸⁴

^{Date of action}^{Elapsed days}
^{Report or}^Total:
^Reported^Confirm^ation^{Hearing to}^dischar^{ge to}^Submission^{election to}
^Nominee^Committee^or^{or other}^final^{Election to}^Submission^{report o}^r^final^{to final}^final
^{(nominating President)}^Submission^hearing(s)^dischar^ged^disposition^submission^{to hearing}^dischar^ge^disposition^disposition^disposition
^{nte (Bush)}^b^5/14/⁰¹^9/13/^{01 9/13/}^{01 9/14/}⁰¹¹⁸⁸¹²²⁰¹¹²³³¹¹
^{U.S. Permanent Re}^{presentative to the U.}^N.¹¹⁴⁶²³¹⁴⁶¹⁶⁰
^or^{Arms C}^{ontrol an}^{d International Sec}^{urity (Committee on Foreign Relations)}^(New^{position as of 19}^{99, 1}⁰⁶^th^Congress)^c
^3/8/0¹^3/29/⁰¹^4/26/⁰¹^5/8/0¹¹²¹²¹²⁸¹²⁶¹¹⁸²
^{or Demo}^cr^{acy and}^{Global A}^ffairs^(Com^mitte^{e on Foreign Relations)}^d
^2/3/8¹^2/20/⁸¹^2/24/⁸¹^2/26/⁸¹⁹¹¹⁷⁴²²³¹¹⁴
^3/8/9³^3/25/⁹³^4/1/9³^4/21/⁹³¹²⁵¹⁷⁷²⁰⁴⁴¹⁶⁹
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^4/4/0¹^4/25/⁰¹^4/26/⁰¹^4/26/⁰¹¹⁴⁸²¹¹⁰²²¹⁷⁰
^g/w^.or^g/w^{Under Secretary for}^{Democracy and Global Affai}^rs¹²¹¹⁸⁴⁷³⁰¹⁵¹
^s^.or^ak^s^or^Eco^nom^{ic, Business, and Agric}^ultural^Aff^{airs (Co}^{mmittee on Foreign Relations)}^e
^le^ak^le^{h (Reagan)}^3/17/⁸¹^4/28/⁸¹^5/4/8¹^6/11/⁸¹¹³³⁴²⁶³⁸⁸⁶²¹⁹
^://wiki^://wiki^3/16/⁹³^3/24/⁹³^3/25/⁹³^3/31/⁹³¹³³⁸¹⁶¹⁵¹⁴⁸
^h^ttp^h^ttp^{Under Secretary for}^{Economic, Busine}^{ss, and Agricultural}¹³³^{25 4 22}⁵¹¹⁸⁴
^{or Mana}^{gement (Committee on Foreign Relations)}
^2/3/8¹^2/18/⁸¹^2/24/⁸¹^2/26/⁸¹⁹¹¹⁵⁶²²³¹¹⁴
^inton)^3/8/9³^3/17/⁹³^3/23/⁹³^3/31/⁹³¹²⁵⁹⁶⁸²³¹⁴⁸
^reen^{Jr. (Bush)}^3/8/0¹^3/21/⁰¹^3/27/⁰¹^3/28/⁰¹¹²¹¹³⁶¹²⁰¹⁴¹
^{Under Secretary for}^Management¹¹²¹²⁶⁴²²¹³⁴
^{or Political Aff}^{airs (Co}^{mmittee on Foreign Relations)}
^2/3/8¹^2/18/⁸¹^2/24/⁸¹^2/26/⁸¹⁹¹¹⁵⁶²²³¹¹⁴
^2/26/⁹³^3/4/9³^3/9/9³^3/10/⁹³¹¹⁵⁶⁵¹¹²¹²⁷

^{Date of action}^{Elapsed days}
^{Report or}^Total:
^Reported^Confirm^ation^{Hearing to}^dischar^{ge to}^Submission^{election to}
^Nominee^Committee^or^{or other}^final^{Election to}^Submission^{report o}^r^final^{to final}^final
^{(nominating President)}^Submission^hearing(s)^dischar^ged^disposition^submission^{to hearing}^dischar^ge^disposition^disposition^disposition
^rossman^(Bush)^3/8/0¹^3/20/⁰¹^3/23/⁰¹^3/23/⁰¹¹²¹¹²³⁰¹⁵¹³⁶
^{Under Secretary for P}^{olitical Affairs}¹⁰⁹¹¹⁵¹¹⁷¹²⁶
^{or Pu}^blic^{Diplomacy (Co}^{mmittee on F}^{oreign Relations)}^(New^positio^{n as of 1}⁹⁹⁸^-¹⁰⁶^th^Congre^ss)^f
^g^(Bush)^6/29/⁰¹^9/24/⁰¹^9/25/⁰¹^9/26/⁰¹²³⁴⁸⁷¹¹⁸⁹³²³
^{lapsed days for appoi}ⁿ^tments^{to sel}^{ected Dep}^artmeⁿ^t^{of Sta}^{te posi}^tio^ns¹²¹²⁴⁶⁵³³¹⁵⁴
^{lapsed days for appo}ⁱ^ntmen^{ts to se}^lec^{ted Depar}^tme^{nt of St}^{ate pos}^iti^ons¹²¹¹⁵⁵¹²³¹³⁹
^EASURY
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^{ee on Finance)}
^g/w^.or^g/w^2/2/8¹^2/6/8¹^2/6/8¹^2/16/⁸¹⁹⁰⁴⁰¹⁰¹⁴¹⁰⁴
^s^.or^ak^s^1/20/⁹³^1/13/⁹³^n.a.^h^1/21/⁹³⁷⁸^n.a.^h^n.a.^h^n.a.^h¹⁷⁹
^le^ak^le^{W. Dam (Bush)}^3/8/0¹^3/29/⁰¹^5/1/0¹^8/3/0¹¹²¹²¹³³⁹⁴¹⁴⁸²⁶⁹
^://wiki^://wiki^{puty Secretary of t}^{he Treasury}⁹⁶⁸¹¹³⁵⁵⁴¹⁵¹
^h^ttp^h^ttp^{Finance) (Com}^{mittee on Fin}^ance)ⁱ
^3/17/⁸¹^3/20/⁸¹^3/25/⁸¹^3/27/⁸¹¹³³³⁵²¹⁰¹⁴³
^{wman (Clinton)}^3/22/⁹³^4/26/⁹³^4/28/⁹³^5/11/⁹³¹³⁹³⁵²¹³⁵⁰¹⁸⁹
^4/30/⁰¹^5/10/⁰¹^5/24/⁰¹^8/3/0¹¹⁷⁴¹⁰¹⁴⁷¹⁹⁵²⁶⁹
^{Under Secretary (Do}^{mestic Finance)}¹⁴⁹¹⁶⁷²⁹⁵²²⁰⁰
^{nal Aff}^{airs) (C}^{ommittee on Finance)}^(New^{position as of 19}⁸⁵^{- 9}⁹^th^Congre^ss)^j
^{H. Summer}^{s (Clinton)}^3/2/9³^3/18/⁹³^3/24/⁹³^3/31/⁹³¹¹⁹¹⁶⁶⁷²⁹¹⁴⁸
^4/4/0¹^4/26/⁰¹^5/1/0¹^5/26/⁰¹¹⁴⁸²²⁵²⁵⁵²²⁰⁰
^{Under Secretary (Inte}^{rnational Af}^fairs)¹³⁴¹⁹⁶¹⁶⁴¹¹⁷⁴
^{or Ter}^roris^{m and Finan}^{cial Crimes (Co}^mmitte^{e on Finance)}^k
^u^r^{ule (Bush)}^4/30/⁰¹^5/16/⁰¹^5/24/⁰¹^8/3/0¹¹⁷⁴¹⁶⁸⁷¹⁹⁵²⁶⁹

^{Date of action}^{Elapsed days}
^{Report or}^Total:
^Reported^Confirm^ation^{Hearing to}^dischar^{ge to}^Submission^{election to}
^Nominee^Committee^or^{or other}^final^{Election to}^Submission^{report o}^r^final^{to final}^final
^{(nominating President)}^Submission^hearing(s)^dischar^ged^disposition^submission^{to hearing}^dischar^ge^disposition^disposition^disposition
^{lapsed days for appoi}ⁿ^tments^{to sel}^{ected Dep}^artmeⁿ^t^{of the}^Tre^{asury pos}^it^ions¹³¹¹⁶⁹³⁷⁵⁵¹⁸⁶
^{lapsed days for appo}ⁱ^ntmen^{ts to se}^lec^{ted Depar}^tme^{nt of th}^{e Tr}^easu^{ry posit}^io^ns¹³³¹⁶⁶¹⁹⁵⁰¹⁸⁹
^E
^{ee on Armed Services)}
^1/22/⁸¹^1/13/⁸¹^1/29/⁸¹^2/3/8¹⁷⁹^n.a.^l^{16 5}¹²⁹¹
^2/24/⁹³^2/25/⁹³^3/5/9³^3/5/9³¹¹³¹⁸⁰⁹¹²²
^{itz (Bush)}^2/15/⁰¹^2/27/⁰¹^2/28/⁰¹^2/28/⁰¹¹⁰⁰¹²¹⁰¹³¹¹³
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^{puty Secretary of}^Defense⁹⁷⁴⁸²¹¹¹⁰⁹
^g/w^.or^g/w^Com^mitte^{e on Armed Services)}
^s^.or^ak^s^rsh^{Jr. (Reagan)}^1/23/⁸¹^1/26/⁸¹^1/29/⁸¹^1/29/⁸¹⁸⁰³³⁰⁶⁸⁶
^le^ak^le^.^{West Jr. (Clinton)}^11/5/⁹³^11/1^8/9³^11/1^8/9³^11/2^0/9³³⁶⁷¹³⁰²¹⁵³⁸²
^://wiki^://wiki^5/1/0¹^5/10/⁰¹^5/21/⁰¹^5/24/⁰¹¹⁷⁵⁹¹¹³²³¹⁹⁸
^h^ttp^h^ttp²⁰⁷⁸⁵²¹⁵²²²
^mitte^{e on Armed Services)}
^{man J}^{r. (Reagan)}^1/23/⁸¹^1/28/⁸¹^1/29/⁸¹^1/29/⁸¹⁸⁰⁵¹⁰⁶⁸⁶
^7/1/9³^7/13/⁹³^7/20/⁹³^7/21/⁹³²⁴⁰¹²⁷¹²⁰²⁶⁰
^sh)^4/30/⁰¹^5/10/⁰¹^5/21/⁰¹^5/22/⁰¹¹⁷⁴¹⁰¹¹¹²²¹⁹⁶
¹⁶⁵⁹⁶¹¹⁶¹⁸¹
^{rce (}^{Committee on Armed Services)}
^{r (Reagan)}^1/23/⁸¹^1/28/⁸¹^2/5/8¹^2/6/8¹⁸⁰⁵⁸¹¹⁴⁹⁴
^{l (Cl}^inton)^7/22/⁹³^7/29/⁹³^7/30/⁹³^8/5/9³²⁶¹⁷¹⁶¹⁴²⁷⁵
^h)^5/7/0¹^5/10/⁰¹^5/21/⁰¹^5/24/⁰¹¹⁸¹³¹¹³¹⁷¹⁹⁸
¹⁷⁴⁵⁷³¹⁵¹⁸⁹

^{Date of action}^{Elapsed days}
^{Report or}^Total:
^Reported^Confirm^ation^{Hearing to}^dischar^{ge to}^Submission^{election to}
^Nominee^Committee^or^{or other}^final^{Election to}^Submission^{report o}^r^final^{to final}^final
^{(nominating President)}^Submission^hearing(s)^dischar^ged^disposition^submission^{to hearing}^dischar^ge^disposition^disposition^disposition
^or^Acq^{uisitions, Technolo}^{gy, and L}^{ogistics (Co}^{mmittee on Armed Services)}^{(New position 19}^86,⁹⁹^th^Congress)^m
^{tch (Clinton)}^3/25/⁹³^3/30/⁹³^3/31/⁹³^4/1/9³¹⁴²⁵¹¹⁷¹⁴⁹
^4/23/⁰¹^4/26/⁰¹^5/1/0¹^5/8/0¹¹⁶⁷³⁵⁷¹⁵¹⁸²
^{Under Secretary for}^{Acquisitions, Technology, and Logisti}^cs¹⁵⁵⁴³⁴¹¹¹⁶⁶
^omptroll^{er (Committee on Armed Se}^rvices)^{(New position as of 1}⁹⁸^{6, 99}^th^Congress)ⁿ
^{re (Clinton)}^8/4/9³^9/23/⁹³^10/2^1/9³^10/2^5/9³²⁷⁴⁵⁰²⁸⁴⁸²³⁵⁶
^3/13/⁰¹^4/24/⁰¹^5/1/0¹^5/1/0¹¹²⁶⁴²⁷⁰⁴⁹¹⁷⁵
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^{Under Secretary - Co}^mptroller²⁰⁰⁴⁶¹⁸²⁶⁶²⁶⁶^rd^o
^g/w^.or^g/w^{or Perso}ⁿⁿ^{el and Readiness (Committee on Ar}^{med Services)}^{(New p}^{osition as of 1993,}¹⁰³^Congres^s)
^s^.or^ak^s^.^{Chu (Bush)}^4/30/⁰¹^5/10/⁰¹^5/21/⁰¹^5/26/⁰¹¹⁷⁴¹⁰¹¹⁵²⁶²⁰⁰
^le^ak^le^{or Policy (}^{Committee on Armed Services)}
^://wiki^://wiki^3/17/⁸¹^3/26/⁸¹^3/26/⁸¹^3/27/⁸¹¹³³⁹⁰¹¹⁰¹⁴³
^h^ttp^h^ttp^(Clinton)^2/24/⁹³^3/4/9³^6/30/⁹³^7/1/9³¹¹³⁸¹¹⁸¹¹²⁷²⁴⁰
^4/30/⁰¹^6/5/0¹^7/11/⁰¹^7/12/⁰¹¹⁷⁴³⁶³⁶¹⁷³²⁴⁷
^{Under Secretary for P}^olicy¹⁴⁰¹⁸⁵¹¹⁷⁰²¹⁰
^{lapsed days for appoi}ⁿ^tments^{to sel}^{ected Dep}^artmeⁿ^t^{of Defens}^{e posi}^tio^ns¹⁶²¹³¹⁴²²⁸¹⁹⁰
^{lapsed days for appo}ⁱ^ntmen^{ts to se}^lec^{ted Depar}^tme^{nt of Defe}^{nse pos}^iti^ons¹⁵⁵⁹⁸¹¹⁵¹⁸⁹
^E
^1/30/⁸¹^2/5/8¹^2/5/8¹^2/6/8¹⁸⁷⁶⁰¹⁷⁹⁴
^5/7/9³^5/18/⁹³^5/24/⁹³^5/28/⁹³¹⁸⁵¹¹⁶⁴²¹²⁰⁶
^ush)^3/22/⁰¹^4/5/0¹^5/10/⁰¹^5/10/⁰¹¹³⁵¹⁴³⁵⁰⁴⁹¹⁸⁴
^{puty Attorney General}¹³⁶¹⁰¹⁴²²⁶¹⁶¹

^{Date of action}^{Elapsed days}
^{Report or}^Total:
^Reported^Confirm^ation^{Hearing to}^dischar^{ge to}^Submission^{election to}
^Nominee^Committee^or^{or other}^final^{Election to}^Submission^{report o}^r^final^{to final}^final
^{(nominating President)}^Submission^hearing(s)^dischar^ged^disposition^submission^{to hearing}^dischar^ge^disposition^disposition^disposition
^{of Dr}^{ug E}ⁿ^f^o^r^{cement (Committee on the Judiciary)}^p
^{ullen Jr. (Reagan)}^q^3/29/⁸²^6/15/^{83 9/30/}^{83 10/7/}⁸³⁵¹⁰⁴⁴³¹⁰⁷⁷⁵⁵⁷¹⁰⁶⁷
^1/26/⁹⁴^3/2/9⁴^3/9/9⁴^3/10/⁹⁴⁴⁴⁹³⁵⁷¹⁴³⁴⁹²
^{hinson (Bus}^h)^6/12/⁰¹^7/17/⁰¹^7/26/⁰¹^8/1/0¹²¹⁷³⁵⁹⁶⁵⁰²⁶⁷
^{ministrator of Dru}^{g Enforcement}³⁹²¹⁷¹⁴¹⁵²¹⁷⁶⁰⁹
^neral^{(Committee on the Judiciary)}
^3/17/⁸¹^3/27/⁸¹^4/8/8¹^4/27/⁸¹¹³³¹⁰¹²¹⁹⁴¹¹⁷⁴
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^u^b^{bell (Clinton)}^4/7/9³^5/19/⁹³^5/24/⁹³^5/28/⁹³¹⁵⁵⁴²⁵⁴⁵¹²⁰⁶
^g/w^.or^g/w^(Bush)^9/10/⁰¹^9/20/⁰¹^10/4/⁰¹^11/8/⁰¹³⁰⁷¹⁰¹⁴³⁵⁵⁹³⁶⁶
^s^.or^ak^s^s^s^{ociate Attorney General}¹⁹⁸²¹¹⁰¹⁹⁵⁰²⁴⁹
^le^ak^le
^://wiki^://wiki^6/11/⁸¹^7/14/⁸¹^7/14/⁸¹^7/31/⁸¹²¹⁹³³⁰¹⁷⁵⁰²⁶⁹
^h^ttp^h^ttp^4/7/9³^5/20/⁹³^5/24/⁹³^5/28/⁹³¹⁵⁵⁴³⁴⁴⁵¹²⁰⁶
^3/13/⁰¹^4/5/0¹^5/24/⁰¹^5/24/⁰¹¹²⁶²³⁴⁹⁰⁷²¹⁹⁸
^{or General}¹⁶⁷³³¹⁸⁷⁵⁸²²⁴
^{lapsed days for appoi}ⁿ^tments^{to sel}^{ected Dep}^artmeⁿ^t^{of Justic}^{e posi}^tio^ns²²³⁵⁹²¹⁸⁸⁸³¹¹
^{lapsed days for appo}ⁱ^ntmen^{ts to se}^lec^{ted Depar}^tme^{nt of Just}^{ice pos}^iti^ons¹⁷⁰²⁸⁸⁴⁵⁰²⁰⁶
^RG^Y
^{ee on Energy a}^{nd Natural Re}^sour^ces)
^Davis^(Reagan)^4/27/⁸¹^5/13/^{81 5/13/}^{81 5/14/}⁸¹¹⁷⁴¹⁶⁰¹¹⁷¹⁹¹
^inton)^5/18/⁹³^6/8/9³^6/16/⁹³^6/25/⁹³¹⁹⁶²¹⁸⁹³⁸²³⁴
^4/30/⁰¹^5/9/0¹^5/16/⁰¹^5/25/⁰¹¹⁷⁴⁹⁷⁹²⁵¹⁹⁹
^{puty Secretary of}^Energy¹⁸¹¹⁵⁵⁶²⁷²⁰⁸

^{Date of action}^{Elapsed days}
^{Report or}^Total:
^Reported^Confirm^ation^{Hearing to}^dischar^{ge to}^Submission^{election to}
^Nominee^Committee^or^{or other}^final^{Election to}^Submission^{report o}^r^final^{to final}^final
^{(nominating President)}^Submission^hearing(s)^dischar^ged^disposition^submission^{to hearing}^dischar^ge^disposition^disposition^disposition
^ommitte^{e on Ener}^{gy and Natu}^{ral Resour}^ces)
^8/28/⁸¹^9/14/⁸¹^9/16/⁸¹^9/18/⁸¹²⁹⁷¹⁷²²²¹³¹⁸
^11/2^0/9³^2/1/9⁴^2/2/9⁴^2/7/9⁴³⁸²⁷³¹⁵⁷⁹⁴⁶¹
^5/2/0¹^5/9/0¹^5/16/⁰¹^5/25/⁰¹¹⁷⁶⁷⁷⁹²³¹⁹⁹
^{Under Secretary of E}^nergy²⁸⁵³²³⁵⁴¹³²⁶
^{or Nu}^{clear Security/Administrator, National Nuclear Security Admi}^{nistration (Committee on Ar}^{med Services)}^{New Position as of 19}^{99 -}¹⁰⁶^th^Cong^ress^r
^2/4/0³^2/27/⁰³^3/6/0³^5/1/0³⁸¹⁹²³⁷⁵⁶⁸⁶⁹⁰⁵
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^{lapsed days for appoi}ⁿ^tments^{to sel}^{ected Dep}^artmeⁿ^t^{of Energy posit}^ion^s³¹⁷²⁴⁵¹³⁴¹³⁵⁸
^g/w^.or^g/w^{lapsed days for appo}ⁱ^ntmen^{ts to se}^lec^{ted Depar}^tme^{nt of Energy posi}^tio^ns¹⁹⁶¹⁷⁷⁹²⁵²³⁴
^s^.or^ak^s^{AND SECURITY}^s
^le^ak^le^{the Federal Emergency Mana}^{gement Agency}^{(FEMA) (Com}^{mittee on Governmental Affairs)}^t
^://wiki^://wiki^4/3/8¹^5/6/8¹^5/12/⁸¹^5/19/⁸¹¹⁵⁰³³⁶⁷⁴⁶¹⁹⁶
^h^ttp^h^ttp^3/16/⁹³^3/31/⁹³^4/1/9³^4/5/9³¹³³¹⁵¹⁴²⁰¹⁵³
^h)^2/6/0¹^2/13/⁰¹^2/15/⁰¹^2/15/⁰¹⁹¹⁷²⁰⁹¹⁰⁰
¹²⁵¹⁸³⁴²⁵¹⁵⁰
^u
^{Central Intellige}^{nce (Select Committe}^{e on In}^tell^igence)^v
^1/20/⁸¹^1/13/⁸¹^n.a.^w^1/27/⁸¹⁷⁷^n.a.^w^n.a.^w^n.a.^w⁷⁸⁴
^inton)^1/20/⁹³^2/2/9³^2/3/9³^2/3/9³⁷⁸¹³¹⁰¹⁴⁹²
⁷⁸^n.a.^n.a.^n.a.¹¹ ⁸⁸
^{R ALL APPOINTMENTS}¹⁶⁶²⁵¹¹⁹⁴³²⁰⁹

^Source:^{Table created}^{by CRS u}^{sing information gather}^{ed from t}^{he nominations databas}^{e of the}^L^{egislative Information System (LIS), whic}^{h is available to the congre}^ssional
^{community at}^{http://www.congre}^{ss.gov/nomis/, various Senate committee calendars, various volum}^{es of the}^J^{ournal of the Executive Proceedings of the Senate of the Unit}^ed
^{States of America}^{, and the}^U^{.S. Co}^de^.
^Note:^{Includes PAS positions in the listed organizational units that are either (}^{1) at Level II}^{of the}^Exec^{utive Schedule; (2) titled}^{as u}^{nder secr}^{etaries; or (3) for t}^hose
^{organizations without under}^secr^{etaries, the eq}^{uivalent title at Lev}^{el III of the}^Ex^{ecutive Sch}^{edule. The table includes only}^t^{hose pos}^{itions to which a nomination has}^been
^{made during at least one}^preside^{ntial transition. Positi}^{ons that ha}^{ve come into existence}^{since t}^he²⁰⁰^0-2⁰⁰^{1 tra}^{nsition are n}^{ot incl}^uded.
^{n.a.= not applicable.}
^a.^{The Kirkpatrick nomination was}^{one of a group}^{of nominations th}^{at was su}^{bmitted by Pre}^{sident Reagan on Ja}^nuar^{y 2}^{0, 19}^{81, a}^{nd, b}^y^una^{nimous conse}^{nt, held at the}
^{desk (not refer}^{red to committee). Consequen}^{tly, there is no e}^ntry^{in this row for date of committe}^{e report or discha}^{rge, and no}^eⁿ^t^{ries for elapsed days}^{between t}^hⁱ^s
^{date and other dates. The Comm}^{ittee on Foreign Relations held hearings on th}^{e anticipated Kirkpa}^{trick nomination before t}^{he Pre}^si^{dent-elect took office and had th}^e
^{authority to formally sub}^{mit the}^{nomination to the Senate. As a r}^{esult, the elapsed time f}^{rom su}^b^{mission to hearing is not ap}^pl^icab^{le. The elapsed time from the}
^{committee hearing to confirmati}^{on was 1}⁴^days.
^b.^{This row summarizes President B}^{ush’s two se}^que^{ntial nominations of Negroponte to t}^he^position.^{The first nomination, on May}¹⁴^,²⁰⁰^{1, was ret}^ur^{ned to the}
^{President on Aug}^{ust 3,}²⁰^{01, at t}^{he begin}^{ning of t}^{he Senate’s Aug}^u^{st recess, u}^{nder t}^{he p}^{rovisions of Senate Rule XXXI, paragra}^p^h⁶^{of the Standing Rules of t}^he
^{Senate. The President re-nominat}^{ed Negroponte to t}^{he position on Septem}^ber^{4, 20}^{01, a}^{nd the}^{nomination was confirmed on Sept}^e^m^b^er^{14, 2}⁰⁰^{1. The two}
^{nominations are combined}^{here t}^o^{provide a more accurat}^{e u}^nder^{standing of the le}^{ngth of t}^{he e}^{ntire process.}
^c.^{The position of Under Secretary}^{of State for Arms Control and I}ⁿ^{ternational Security was esta}^blish^{ed by P.L. 10}^5-27^{7, § 12}^{13 (}¹¹²^{Stat. 268}^1-76^{7). Bolton’s}
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^{nomination to the position was t}^{he first du}^{ring a}^{presidential trans}^ition.
^g/w^.or^g/w^d.^{This Under Secretar}^y^{position ha}^{s been}^{entitled differently, u}^nder^{prior administrations, as, for exa}^{mple, Under Secretary}^{for Global}^{Affairs. Fur}^th^{ermore, its}
^s^.or^ak^s^predecessor^{position was “Coun}^{selor” prior to the ena}^{ctment of}^{the Foreign Relations Authorization Act, Fiscal Years 199}^{4 and}¹⁹^{95 (P.L. 10}^3-23^{6; 1}^08-³⁸^{2). The}
^le^ak^le^{Counselor was compe}^{nsated at L}^{evel IV of the E}^xec^{utive Schedule}^{until 19}^{83, w}^{hen it}^{became a}^Lev^{el III position (5 U.S.C. § 531}^4).
^://wiki^://wiki^e.^{This Under Secretary}^{position ha}^{s been}^{entitled differently, u}^nder^{prior administrations, as, for exa}^{mple, Under Secretary}^for^E^{conomic Affairs and Unde}^{r Secretary}^{for Economic and Agric}^{ultural Aff}^{airs. No new ap}^{pointment was}^m^{ade to the position at the outset}^{of the Bus}^{h p}^{residency. Alan P}^{. L}^{arson was}^{nominated to the}
^h^ttp^h^ttp^{position by President Clinton, was confirmed on}^November¹^{9, 19}^{99, and contin}^{ued to serve}^u^nder^{President Bush. La}^{rson was}^repl^{aced by Josette S. Shiner, who wa}^s
^{confirmed on J}^{uly 29,}²⁰^05.
^f.^{The position of Under Secretary}^{of State for Public Diplomacy was established by}^{P.L. 105-}²⁷^{7, § 1}³¹³⁽¹¹^{2 Stat. 26}^81-⁷⁷^{6). Bee}^{rs’s nomination to the position was}
^{the first du}^{ring a}^{presidential tran}^{sition. During the George W. Bu}^{sh Administration, the position h}^{as been}^{known a}^s^{Under Sec}^r^eta^{ry of State for Pu}^{blic Diplomacy}
^{and Public Affairs.}
^g.^{This row summarizes President B}^{ush’s two se}^que^{ntial nominations of Beers to the}^{position. The first nomination, on Jun}^{e 2}^{9, 20}⁰^1,^{was retu}^{rned to the}^{President on}
^August^{3, 20}^{01, at t}^he^beginning^{of a 31-day Senate}^recess,^under^{the p}^{rovisions of Senate Rule XXXI, paragrap}^h^{6 of the}^Standi^{ng Rules of the Senat}^{e. The President}
^{re-nominated Beers to the}^{position on Septem}^ber^{4, 20}^{01, and t}^h^e^{nomination was confirmed on}^Septembe^{r 2}^{6, 2}⁰⁰^{1. The two no}^mina^{tions are combined}^{here to}
^{provide a more accu}^{rate u}^nderst^{anding of the lengt}^{h of t}^{he entire}^process.
^h.^{The Altman nomination was on}^e^{of a group of}^{nominations that w}^{as sub}^{mitted by President Clinton on Ja}^nuar^{y 2}^{0, 19}^{93, a}^{nd, by u}ⁿ^{animous conse}^{nt, placed directly}
^{on the}^Exec^{utive Calendar (and}ⁿ^{ot referred to committee). Conseque}^{ntly, there is}^{no entry}^{in this}^{row for date of committee re}^{port or discharge, and}^{no entries fo}^r
^{elapsed days betwee}^{n this date a}^{nd other dates. The Committee}^{on Foreign Relations held hearing}^{s on the a}^{nticipated Altman nomi}^{nation before t}^{he President-elect}
^{took office and had the a}^uthority^{to formally submit the}^{nomination to the Senat}^{e. As a res}^{ult, the e}^{lapsed time from su}^bmissio^{n to h}^{earing is not ap}^{plicable. The}
^{elapsed time from the}^{committee hearing to con}^{firmation was eigh}^{t days.}

^i.^{This position, is entitled simply “}^{Under Secretary”}^{in statut}^{e, and}^{has bee}ⁿ^{named in various wa}^ys^{by differe}^{nt Administrations}^{. Under the}^{George W. Bush}
^{Administration, it was known as t}^{he Under Sec}^retary^{for Domestic Finance.}
^j.^{This under s}^ecretar^{y position was established by}^{P.L. 99-1}^{90, § 1}⁴¹⁽⁹⁹^{Stat. 132}^{4). It re}^{placed the}^{position of Under Secretar}^{y for}^{Monetary Af}^{fairs. Summers’}
^{nomination to the position was t}^{he first du}^{ring a}^{party t}^u^r^{nover p}^{residential transition. (A nominati}^{on had bee}^{n s}^{ubmitted duri}^{ng th}^{e Reagan-Bush t}^{ransition in 1}⁹⁸^9.)
^{The position, which is entitled simply “Under Secreta}^{ry” in stat}^ut^{e, has gene}^{rally been k}^{nown as U}^{nder Secretary}^{for I}^nter^natio^{nal Finance u}^{nder va}^rious
^{Administrations.}
^k.^{The position of Under Secretary}^{for En}^forcement^{was esta}^{blished by P.L. 10}^3-21^{1, § 20}^{03 (}¹⁰⁸^{Stat. 24). G}^{urule’s nomination to}^the^{position was the first du}^{ring a}
^{presidential transition. He was s}^u^{cceeded in that}^{position by Stuar}^{t Levey. The position of Under S}^{ecretary for}^{Terrorism and F}^inaⁿ^{cial Crimes was established as a}
^successor^{position to the Under}^{Secretary for}^Enforc^ement^{by P.L}^{. 108-4}^{47, Division H, Title II, § 222 (1}¹⁸^{Stat. 324}^{2). After}^t^{he tra}^{nsition, Levey, the incu}^mbe^nt,
^{continued to serve. Du}^{ring the}^G^{eorge W. Bush Administration, the position has}^been^known^unde^{r a slightly different}^{name, Unde}^r^{Secretary for Ter}^{rorism and}
^{Financial Intelligence.}
^l.^{Hearings on t}^{he Carluc}^{ci nomina}^{tion were held before}^{President-elect Reagan took office and had}^{the aut}^{hority to formally submi}^{t t}^{he nomination to the Se}^nate.
^Conseque^{ntly, the elapsed time f}^{rom sub}^{mission to hearing is not}^applicable.
^m.^{The position of Under Secretary}^{of Defense for Ac}^{quisition was es}^{tablished in 19}⁸⁶^{by P.L. 9}^9-34^8,^{§ 501(a) (1}^{00 Stat. 7}^{07). Th}^e^{position has since}^been^{retitled in}
^{statute as “U}^{nder Secretar}^{y of D}^efense^{for Acq}^{uisition, Technolog}^{y, and Logistics” (10 U.S.C. § 133). Deutch’s nomination to th}^e^{position was the first du}^{ring a pa}^rty
^turnover^pre^{sidential transition.}
^n.^{The position of Comptroller of the Depart}^{ment of Defe}^{nse was}^e^{stablished by t}^{he Goldwater-Nic}^{hols Department}^{of Defense}^Reorgan^{ization Act of 19}^{86 (P.L. 99-}
ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}^{433, § 1}^07;¹⁰^{0 Stat. 99}^{8), and thi}^{s position was compensat}^{ed at L}^{evel IV of the E}^xec^{utive Schedule}^{. The National Defense Aut}^ho^{rization Act for Fiscal Year 19}^{94 (P.L.}
^g/w^.or^g/w^103-¹⁶^{0; 1}^{07 Stat. 1}⁵⁴^{7) en}^hance^{d the status}^{of the}^{position by c}^h^{anging its compe}^{nsation to Level}^{III of th}^{e E}^{xecutive Sc}^hedul^{e (§ 9}^{01). This act also established the}
^s^.or^ak^s^{Comptroller as the “agenc}^{y Chie}^{f Financial Officer of t}^{he Depa}^rt^{ment of Defe}^{nse for t}^he^pur^pose^{s of chapt}^er^{9 of title 31” (t}^he^Ch^{ief Financial Officers Act) (§ 90}^{2). In}
^le^ak^le¹⁹⁹^{4, the title of the}^{position was changed to “U}^{nder Secretar}^{y of}^{Defense (Comptroller)” (P.L. 103-33}^{7, Div. A, § 903(a); 10}⁸^{Stat. 282}^{3). Hamre’s}^{nomination to th}^e^{Comptroller position was the firs}^{t during a}^{party t}^u^r^{nover p}^{residential transition. He was confirme}^{d shortly before e}^nactme^{nt o}^{f t}^h^e^{provisions en}^{hancing t}^he
^://wiki^://wiki^{position’s compensation. Zakheim’s nomination was the}^{first to t}^{he position, as it is curre}^{ntly titled and compensat}^{ed, during}^{a p}^r^e^{sidential transition.}
^h^ttp^h^ttp^o.^{The position of Under Secretary}^{of Defense for Per}^{sonnel a}^{nd Readiness was established in}¹⁹⁹³^b^y^{P.L. 103-1}^{60, § 9}^{03 (}¹⁰⁷^Stat^{. 1}^{727). Ch}^{u’s nomination to the}^{position was the first du}^{ring a}^pr^{esidential transition.}
^p.^{During each}^{of the t}^hree^transiti^{ons covered by}^{this table, incu}^mb^{ents from t}^he^{preceding Administ}^{ration remained in office for}^a^nu^{mber of mo}^{nths a}^{fter t}^{he new}
^{President’s inauguration: M}^{ullen’s predecessor, Peter B. Bensinge}^{r, stayed on u}^{ntil July 1}^{0, 19}^{81; Co}^{nstantine’s}^{predecessor, R}^obert^{C. Bonner, stayed on u}^ntil
^October^{31, 1}⁹⁹^{3; and H}^utc^hins^{on’s predecessor, Donnie R. Mar}^{shall, stayed on until Ju}^{ne 3}^{0, 20}⁰^1.
^q.^{This row summarizes President}^{Reagan’s three se}^que^{ntial nomina}^{tions of Mullen to the}^{position. T}^{he first}^{nomination, on Marc}^{h 2}^{9, 19}^{82, was}^retur^{ned to the}^t^h
^{President on Decembe}^{r 2}^{7, 1}⁹⁸²^,^{after the Senat}^{e adjourned sine}^{die near the e}^{nd of the}⁹⁷^Cong^{ress, under}^the^{provisions of Sen}^{ate Rule XXXI, paragrap}^h^{6 of th}^e
^{Standing Rules of the Senate. The}^{President renominated}^{Mullen t}^o^{the position on Jan}^uary^25,¹⁹⁸^{3, and this}^{nomination was ret}^u^r^{ned, under t}^{he same}^{provisions, at}
^{the begin}^{ning of a}^{39-day Senate}^{recess. After t}^{he e}^{nd of the}^rece^{ss, on Septembe}^{r 9, 1}⁹⁸^{3, the P}^r^{esident renominated M}^{ullen ag}^ain^{, and Mullen was co}^{nfirmed on}
^October^{7, 19}^{83. The t}^hree^nom^{inations are combined}^{here to p}^r^{ovide a more accurate}^understaⁿ^{ding of the length}^{of the e}^{ntire p}^r^ocess.
^r.^{The position of Under Secreta}^ry^{of Ene}^{rgy for}^{Nuclear Sec}^{urity w}^{as established in 1}⁹⁹⁹^{by P.L. 10}⁶^{-65, § 32}^{02 (}¹¹³^{Stat. 95}^4).^Broo^{ks’s nomination to the position}
^{was the first}^{during a}^{presidential transition. Brooks’ predecessor, John Gordon, re}^{mained in office}^{until July 2}⁰⁰^{2. Brooks, w}^{ho was}^{then De}^{puty Administrator}^for
^{Defense N}^uclear^Nonp^roliferatio^{n, became Acti}^{ng Administrator a}^t^{that point, and}^{he ap}^pears^{to ha}^{ve served in t}^{hat ca}^{pacity u}ⁿ^t^{il he was later confirmed a}^nd
^{appointed to the Administrator}^p^osition.

^s.^{The Departme}^{nt of Homeland S}^{ecurity was esta}^{blished during}^th^{e Administration of President Ge}^{orge W. Bush, so most positions in}^{this departme}^{nt t}^{hat would}
^{otherwise be cover}^{ed in this ta}^{ble have}^never^been^{filled during a presidential transition. The Feder}^{al Emergenc}^{y Ma}^nagemen^{t Ag}^enc^{y (FEMA) pr}^{edates DHS, howeve}^r,
^{and prior nominations to its top}^{position are shown}^{here. The F}^E^{MA leader is now entitled “Administrator.”}
^t.^{At the time of eac}^{h of the}^{se nom}^{inations, this committee was entitled the Committee on Govern}^m^{ental Affairs. It is now}^{named th}^e^{Senate Committee on Homelan}^d
^{Security and Gove}^rnme^{ntal Affair}^s.
^u.^{The leadership str}^uct^{ure of t}^{he I}^{ntelligence Community c}^hanged^{during the}^{Administration of Pres}^{ident George W. Bush. Most of t}^{hese positions would be covered}ⁱⁿ
^{this table, but t}^hey^have^never^be^{en filled during a pre}^{sidential tran}^sition.
^v.^{The CIA Director at the}^{end of t}^{he Clinton Administration, George Tenet, continued to ser}^{ve duri}^{ng the}^{first years}^{of the B}^ush^Ad^{ministration; there was}^no
^{nomination to this position durin}^{g the 2}⁰⁰^0-2⁰⁰^{1 tra}^{nsition. Due to the nat}^{ure of t}^{he data for}^{nominations to this position, ca}^{lculated averages would not be}
^meaningf^{ul, and are the}^refore^{not included.}
^w.^{The Casey nomination was on}^{e of a group}^{of nominations that}^was^submitted^{by President Reagan}^{on Jan}^uary^20,¹⁹^{81, and, b}^y^u^nanⁱ^{mous conse}^{nt, held at the desk}
^{(not referred to committee). Conseq}^{uently, the}^{re is no e}^{ntry in t}^{his row for date of committee re}^{port or discharge, and}^{no entr}^ies^{for elapsed days b}^{etween t}^{his da}^te
^{and other dates. The Select Com}^{mittee on Intelligence held hea}^rin^{gs on the a}^{nticipated Casey nomi}^{nation before t}^{he President-el}^ect^{took office and had the a}^uthorit^y
^{to formally submit the}^{nomination to the Senat}^{e. As a res}^{ult, the e}^{lapsed time from su}^{bmission to h}^{earing is not ap}^{plicable. Th}^{e elapsed time from the committee}
^{hearing to confirmation was}¹⁴^d^ays.

ⁱ^{ki/CRS-R40119}ⁱ^{ki/CRS-R40119}
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